CO129-193 - Governor Hennessy - 1881 [5-7] — Page 341

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

337

against the Government here, are on the same footing as claims against the Crown under the Petitions of Right Act 1860. I am therefore of opinion that the Crown should be made responsible in legal proceedings for the wrongful acts of the Registrar of the Supreme Court in his capacity as Official Assignee.

The position of the Registrar as Official Administrator is not so clearly defined by law. By Ordinance No. 10 of 1845, the Supreme Court was made a Court of Probate, and it was provided by section 18:-

"That the said Supreme Court shall grant and commit Letters of Administration to the next of Kin or residuary Legatees of any deceased person dying within or leaving assets within the jurisdiction of the said Court, and being of sound mind, and of the age of twenty-one years, to such person residing within the jurisdiction of the said Court, or being duly cited and prayed for, shall not appear and claim."

Page 338

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337 against the Government here, are on the same footing as claims against the Crown under the Petitions of Right Act 1860. I am therefore of opinion that the Crown should be made responsible in legal proceedings for the wrongful acts of the Registrar of the Supreme Court in his capacity as Official Assignee. The position of the Registrar as Official Administrator is not so clearly defined by law. By Ordinance No. 10 of 1845, the Supreme Court was made a Court of Probate, and it was provided by section 18:- "That the said Supreme Court shall grant and commit Letters of Administration to the next of Kin or residuary Legatees of any deceased person dying within or leaving assets within the jurisdiction of the said Court, and being of sound mind, and of the age of twenty-one years, to such person residing within the jurisdiction of the said Court, or being duly cited and prayed for, shall not appear and claim." Page 338
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5 337 against the Evernment here. are on the same footing as claims against the Crowne under the Petitions of Right Act 1860. Jam therefore of opinions that the covere be made responsible in legal procudings for the wrongful acts of the Registrar of the Supreme Court in his Official Assignee. capacity The position of the Registrar AW AV Official Administrated is not so clearly deferred by law. By Ordinance to of 1845 the Supreme Courí a Cont of Prolaté, and it was provided by section 18 : - 4 That the said Sexprane 1. k "Court shall crant and commit. 7 ' " Letters of Administration to 2. 7 next of Kin o: 10 jigs of any. of the Campul beviretrow " resident within the purisdiction I of the said Court, and being " of the age of Seventy irv CALE ł I shall then be ree. year such person residing then the jurisdiction of the said "Count, or be / bering duly cited end pray I shall not appear and the نه **
2026-05-22 10:53:44 · Baseline
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5

337

against the Evernment here. are on the same footing as claims against the Crowne under the Petitions of Right Act 1860. Jam therefore of opinions that the covere

be made responsible

in legal procudings for the

wrongful acts of the Registrar of the Supreme Court in his

Official Assignee. capacity

The position of the

Registrar

AW

AV

Official Administrated

is not so clearly deferred by law. By Ordinance to of 1845 the Supreme Courí

a Cont of Prolaté,

and it was

provided by section 18 : -

4

That the said Sexprane

1. k

"Court shall crant and commit.

7

'

" Letters of Administration to

2. 7

next of Kin o:

10 jigs of

any.

of the Campul

beviretrow

" resident within the purisdiction

I of the said Court, and being

" of

the

age of Seventy

irv CALE

ł

I shall then be ree.

year

such person

residing

then

the jurisdiction of the said "Count, or be

/

bering duly cited

end pray

I shall not appear and

the

نه

**

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