CO129-193 - Governor Hennessy - 1881 [5-7] — Page 340

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

Series Prev Next

336

Forwarded to the Attorney General.

(Signed) Frederick Stewart

Acting Colonial Secretary

30th April, 1881

Attorney General's Opinion

14th June, 1881.

The Registrar of the Supreme Court is constituted Official Assignee by sec. 6 of Ordinance 5 of 1864; the duties of the Office being imposed upon this particular Officer by that Ordinance. There is nothing from which it can be implied that the Government contracts to be responsible for the way in which this Officer performs his duties, so that any wrongful act of this Officer, such for instance as his making away with bankrupte property vested in him, could be regarded as a breach of any contract upon which the Government could be held liable. If therefore the Government are liable at all for the wrongful act of the Registrar as Official Assignee, it would be only for those acts regarded as torts. But a petition of right would lie against the Crown in respect of such acts (sec. R. v. Tobin, 10 Jur. N. S. 1029) and by section 83 of the Code of Civil Procedure claims against the Government are dealt with.

Edit History

2026-05-22 10:53:39 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

Live

View comparison

AI Proofread

336 Forwarded to the Attorney General. (Signed) Frederick Stewart Acting Colonial Secretary 30th April, 1881 Attorney General's Opinion 14th June, 1881. The Registrar of the Supreme Court is constituted Official Assignee by sec. 6 of Ordinance 5 of 1864; the duties of the Office being imposed upon this particular Officer by that Ordinance. There is nothing from which it can be implied that the Government contracts to be responsible for the way in which this Officer performs his duties, so that any wrongful act of this Officer, such for instance as his making away with bankrupte property vested in him, could be regarded as a breach of any contract upon which the Government could be held liable. If therefore the Government are liable at all for the wrongful act of the Registrar as Official Assignee, it would be only for those acts regarded as torts. But a petition of right would lie against the Crown in respect of such acts (sec. R. v. Tobin, 10 Jur. N. S. 1029) and by section 83 of the Code of Civil Procedure claims against the Government are dealt with.

Baseline (Original)

! 336 Forwarded to the Attomey General. (Signed) Frederick Stewart Acting Colonial Secretary 30th April, 1VDY Attorney General's Opinion 14th June, 1881. The Registrar of the Supreme Court is constituted Official Assignee by sec. 6 of Ordinance 5 of 1864 the duties of the Office being in imposed that Ordinance upon this particular by Offer. There is trottning from which it can be implied that the Invernment contracts to be responsible for the way in which this Officer performs his duties so that an any wrongful act of this Officer such for vinstance as his ina king away vested with bankrupte property veski in him could be regarded v a breach of a any as Continct upon. which the Government could) be held liable. If therefore Gialle wrongful ace the Government at all for the wro of the Recistrar as Official Assique it would be only for those acts rded as torta. But regarded petition of right ld lie against the Eron is respect dur. of such acts (sec. R. v. Tobins 10 Jet. N. S. 1029) and by section 83 of the Code of Civil Procedure claims ада agamist instance

2026-05-22 10:53:39 · Baseline

View content

336

Forwarded to the Attomey

General.

(Signed) Frederick Stewart

Acting Colonial Secretary

30th April, 1VDY Attorney General's Opinion

14th June, 1881.

The Registrar of the

Supreme Court is constituted Official Assignee by sec. 6 of Ordinance 5 of 1864 the duties of the Office being in

imposed

that Ordinance upon this particular by Offer. There is trottning from which

it can be implied that the Invernment

contracts to be responsible for the way in which this Officer performs

his duties so that an

any wrongful act

of this Officer such for

vinstance as his ina king away

vested

with bankrupte property veski

in him could be regarded

a breach of a

any

Continct upon.

which the Government could)

be held liable. If therefore

Gialle

wrongful ace

the Government

at all for the wro of the Recistrar as Official Assique it would be only for those acts

rded as torta. But

regarded

petition of right

ld lie

against the Eron is respect

dur.

of such acts (sec. R. v. Tobins 10 Jet. N. S. 1029) and by section 83 of the Code of Civil Procedure claims

CO129-193 - Governor Hennessy - 1881 [5-7] — Page 340

Edit History

Comments

Private Research Note