CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 185

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

110

182

suing the King

King in his private capacity.

How can it be so here when the Chief Justice caused the Registrar to reply (Appendix 6) "that it is contrary to the law and Custom of England for a Judge to receive Communication by letter; all communication must be made in the presence of the parties whose interests are intended to be affected thereby."

Submission 1.7

10

The reply from the Minister (Appendix H) elicited by the Registrar's letter, so obtained needs no comment.

A submission

The printed copy of the judgment sent to the Government, differs from the judgment delivered in Court in three passages which I have marked; as sent to the Court in five or ...

I inclose a copy of the judgment papers in which I have also marked the passages for His Excellency's comparison if he thinks necessary. The principal change is the omission of comments by both Judges upon a supposed assertion Paulus that the Commodore was the Pangwee and belonged to him. Their Honours had omitted to refer to the man's affidavit, which in fact did not contain any assertion of the kind; he claimed the Commodore but did not allude to the Pangwee.

The memory of His Honour the Chief Justice has also failed him where he refers to my argument. I urged that the Court, if uncertain as to the status of Annam should have inquired from the Government whether Great Britain recognises Annam, adding that the Government could have obtained the information from the Foreign Office if unable to supply it themselves, and I cited cases where the Judges in England had made inquiries at the Foreign Office.

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110 182 suing the King King in his private capacity. How can it be so here when the Chief Justice caused the Registrar to reply (Appendix 6) "that it is contrary to the law and Custom of England for a Judge to receive Communication by letter; all communication must be made in the presence of the parties whose interests are intended to be affected thereby." Submission 1.7 10 The reply from the Minister (Appendix H) elicited by the Registrar's letter, so obtained needs no comment. A submission The printed copy of the judgment sent to the Government, differs from the judgment delivered in Court in three passages which I have marked; as sent to the Court in five or ... I inclose a copy of the judgment papers in which I have also marked the passages for His Excellency's comparison if he thinks necessary. The principal change is the omission of comments by both Judges upon a supposed assertion Paulus that the Commodore was the Pangwee and belonged to him. Their Honours had omitted to refer to the man's affidavit, which in fact did not contain any assertion of the kind; he claimed the Commodore but did not allude to the Pangwee. The memory of His Honour the Chief Justice has also failed him where he refers to my argument. I urged that the Court, if uncertain as to the status of Annam should have inquired from the Government whether Great Britain recognises Annam, adding that the Government could have obtained the information from the Foreign Office if unable to supply it themselves, and I cited cases where the Judges in England had made inquiries at the Foreign Office.
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110 182 suing the King King in his private carparty. How can it How be so here when the Chief Justice caused the Registrar made by to reply (Appendix6) "that it is contrary to the haw by any and Custom of England for a Budge to receive Communication by letter; all communication must be made in the presence of the parties whose interest are intended to be affected thereby." Submission 1.7 10 the reply from the Minister Fan (-Appendix H) clicited by the Registrar's A submission The as letter, so obtained needs no comment. printed copy of the judgment sent to the ~ Government, differs from the judgment delivered in three passages which I have marked; Court in tive or as sent to the I inclose a copy off the judgment papers in which I have also marked the passages for His Excellency's comparison if he thinks necessary. The punicipal change is the omifsion of comments by both Judges upon a supposed assertion Paulus that the Commodore was the Pangwee and belonged ti to him. Their Honours had omitted doco refer to the man's affidavit, which in fact not contain any assertion of the Kind; he claimed: the Commodore but did not allude to the Pangure, The memory of His Honour the Chief Iustice has also faited him where he refers to my argument, I urged that the Court, if incertain as to the status of Annam should have inquired from the Government whether Great Britam Aserguises Annam, adding that the Government could have obtained the information from the Foreign Office if unable to supply it themselves, and I cited cases where the Judges in England at the Foreign Office, had made inquiries and
2026-05-21 03:53:48 · Baseline
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110

182

suing the King

King in his private carparty.

How can it How

be so here when the Chief Justice caused the Registrar

made by

to reply (Appendix6) "that it is

contrary

to the haw

by

any

and Custom of England for a Budge to receive Communication by letter; all communication must be

made in the presence of the parties whose interest are

intended to be affected thereby."

Submission 1.7

10

the

reply from the Minister

Fan (-Appendix H) clicited by the Registrar's

A submission

The

as letter,

so obtained needs no comment.

printed copy of the judgment sent to the ~ Government, differs from the judgment delivered in

three passages which I have marked;

Court in tive or

as sent to the

I inclose a copy off the judgment papers in which I have also marked the passages

for

His Excellency's comparison if he thinks necessary. The punicipal change

is the omifsion of comments

by both Judges upon a supposed assertion Paulus that the Commodore was the Pangwee and belonged

ti

to him. Their Honours had omitted

doco

refer to the man's affidavit, which in fact

not contain

any assertion of the Kind; he claimed: the Commodore but did not allude to the Pangure,

The

memory of His Honour the Chief Iustice has also faited him where he refers to my argument,

I urged that the Court, if incertain as to the status of Annam should have inquired from

the Government whether Great Britam

Aserguises Annam, adding that the Government could have obtained the information from the Foreign Office if unable to supply it themselves, and I cited cases where the Judges in England

at the Foreign Office,

had made

inquiries

and

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