CO129-193 - Governor Hennessy - 1881 [5-7] — Page 394

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

Minute by the Clerk

7th March 1879.

Resolved in Council

that all the papers in

Communication with the Crown Law Officers

be sent to His Excellency the Governor.

To the Acting Attorney General.

(Signed) N. E. Rodehouse,

Clerk of Councils.

Minute by the Acting Attorney General

10th March 1879.

Read.

...

(signed) S. Renzell.

Minute by His Excellency the Governor

18th March 1879.

Was this the Attorney General's opinion on the whole Case.

(Signed) J. Pope Hennessy

Minute by the Acting Attorney General

24th March 1879.

I think the Crown was well advised that a Petition of Right will not lie in this case.

The Queen v. Powell N.S. 1029 decided that a Petition of Right will not lie to recover Compensation for a wrongful act done by a servant of the Crown in the supposed performance of his duty; and generally will not lie for a claim sounding in tort.

The Colonial Secretary has apparently overlooked the fact that the Memorialist stated in his Memorial that he had no case at law.

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Minute by the Clerk 7th March 1879. Resolved in Council that all the papers in Communication with the Crown Law Officers be sent to His Excellency the Governor. To the Acting Attorney General. (Signed) N. E. Rodehouse, Clerk of Councils. Minute by the Acting Attorney General 10th March 1879. Read. ... (signed) S. Renzell. Minute by His Excellency the Governor 18th March 1879. Was this the Attorney General's opinion on the whole Case. (Signed) J. Pope Hennessy Minute by the Acting Attorney General 24th March 1879. I think the Crown was well advised that a Petition of Right will not lie in this case. The Queen v. Powell N.S. 1029 decided that a Petition of Right will not lie to recover Compensation for a wrongful act done by a servant of the Crown in the supposed performance of his duty; and generally will not lie for a claim sounding in tort. The Colonial Secretary has apparently overlooked the fact that the Memorialist stated in his Memorial that he had no case at law.
Baseline (Original)
: i 390 Minute by the Olesto 7 to of Conncils. th March 1879. Resolved in Concil that all the papers in Comnuchin uitle ette Conightries Cate VANJ DJ f ardeds for the) perical of the desi Aching Allorney after u lrich to be Eeneral, sent to His Excelleney the Governor. To the Acting attorney cral. (Signed) N. E. Arodehouse, Olers of Commeils. luvinte by the Acting Attorney Read. ... 10th March 1879. (signed) S. Rexzell. Arai nato by His Excellency the Governo 18th learow 1879. Was this the Attorney General's opinion ow the whole Case. (Signed) I. Pope stemasy duiute by the Ashing Allen hnic General Zpt AvaveAEGG, dimde on separate cheet. (dgies) Minte by the Acting Allorney General 2124 Mar.ch 18779 I think M Ur Corightne p p was well advised that a Petition of Right Cau. } in this Tobrics. The Queens 10 vindt N. 5. 1029 decided that a intition of Kight will not lie to recover Compensation for a unugful act done by a servant of the Oreven is the sunpored performance of his duty- and generally will not lie for a claius the can de and ground 01 1 27 2 + t ded or lort that the "Keing wrong. this be@anev t > the Stor 2 2 2 172 7 rable! The (olonial Secretary has apparently. that overlooked the fact the (oughtria stated theat he had no tiv tris tis his tremorial @ace at law a d
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:

i

390

Minute by the Olesto

7

to of

Conncils.

th March 1879.

Resolved in Concil

that all the papers in

Comnuchin uitle ette Conightries

Cate

VANJ DJ

f

ardeds for the)

perical of the desi

Aching Allorney

after u

lrich to

be

Eeneral, sent to His Excelleney the Governor.

To the Acting attorney

cral.

(Signed) N. E. Arodehouse,

Olers of

Commeils.

luvinte by the Acting Attorney

Read.

...

10th March 1879.

(signed) S. Rexzell.

Arai nato by His Excellency the Governo

18th learow 1879.

Was this the Attorney General's opinion ow the whole Case. (Signed) I. Pope stemasy

duiute by the Ashing Allen

hnic

General

Zpt AvaveAEGG,

dimde on separate cheet.

(dgies)

Minte by the Acting Allorney General

2124 Mar.ch 18779

I think

M

Ur Corightne

p p

was well advised that a Petition of Right

Cau.

}

in this

Tobrics. The Queens 10 vindt

N. 5. 1029 decided that a intition of Kight will not lie to recover Compensation for a unugful act done by

a

servant of the Oreven

is the sunpored performance of

his duty- and generally will not

lie for a claius

the

can de

and

ground

01 1

27

2

+

t

ded or lort

that the "Keing

wrong.

this be@anev

t

>

the Stor

2 2 2 172

7

rable!

The (olonial Secretary has apparently.

that

overlooked the fact the

(oughtria stated

theat

he had no

tiv tris tis his tremorial

@ace at law

a d

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