CO129-227 - Acting Governor Marsh - 1886 [6] — Page 46

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

Government House, Hongkong, 4th June, 1886.

At the request of the Captain Superintendent of Police I have the honour to transmit a Memorial from that Officer, praying that you will give directions.

The O.A.G. protests against being compelled to assume a jurisdiction which he thinks (and is, in my opinion, right) that the law has not given him - and he appeals to the Legislature. The Captain Superintendent also complains that the order has been in the form of a Police Regulation issued by himself, though important, but he is technically right - Police Regulations are made by the Capt. Supt. with the approval of the Governor under Section 13 of the Ordinance - and an order by the Governor for the guidance of the Captain Superintendent is not.

This is a separate matter and I think, with mine, that it is the duty of the head of the Police to obey instructions even if he doubts their legality, but that he is entitled to appeal to the Governor.

I agree that Sir W. Bushe's instruction, quoted in para. 4 of this despatch, appears to be free from the objection to which the other instruction is open.

My Lord,

In subsequent instruction (No. 190) it has been made clear that...

[Page 44]

May 15, May 18, Aug. 21.

REG 15 JUL 86, 12561

With 6 sub-enclosures A to F

To the Right Honourable Earl Granville, K.G.

[Page 45]

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Government House, Hongkong, 4th June, 1886. At the request of the Captain Superintendent of Police I have the honour to transmit a Memorial from that Officer, praying that you will give directions. The O.A.G. protests against being compelled to assume a jurisdiction which he thinks (and is, in my opinion, right) that the law has not given him - and he appeals to the Legislature. The Captain Superintendent also complains that the order has been in the form of a Police Regulation issued by himself, though important, but he is technically right - Police Regulations are made by the Capt. Supt. with the approval of the Governor under Section 13 of the Ordinance - and an order by the Governor for the guidance of the Captain Superintendent is not. This is a separate matter and I think, with mine, that it is the duty of the head of the Police to obey instructions even if he doubts their legality, but that he is entitled to appeal to the Governor. I agree that Sir W. Bushe's instruction, quoted in para. 4 of this despatch, appears to be free from the objection to which the other instruction is open. My Lord, In subsequent instruction (No. 190) it has been made clear that... [Page 44] May 15, May 18, Aug. 21. REG 15 JUL 86, 12561 With 6 sub-enclosures A to F To the Right Honourable Earl Granville, K.G. [Page 45]
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ader The O. a. G. but he protests against being compelled to apreme a piriidiction which he thinks (and is my opinion right() that the law has not given hein - and he appeals & the 1 gestate. Ihr Frane also complains that the oder har hen in the form o a Ostice Regulation ipurd iny important but he is technically night - Police Regulations are made of the Capt. Supt with the approval of the Frommer under 013 the Adinance- and an lider othe fremmer for the guidance of this is not The I would Capt tuft. is at a separate matter and thunk with mine up with Regulations made wader that section to the alvor efful Min darf. In say that it is the duty of the thead of the Sohne to obey instructions wohn if be doubts their legality but that he is entitled to appeal & the Systili would als J •hajung proje that Sis & Busin's instruction Guder in pas: 4 of this despatel appears Mit Deane " to be par from the objection to which the No 190 *UIADAUNⱭ[] plory My Lord, Inbsequent instruction 2 has May 15 is open "Эләдлән ч MS Ew I agre El. 18 Aug Any. 21. *Wojsшdig "W *UN *BLANIW Livad 12561 REG15 JUL 86, 44 Government House, Hongkong, 4th June, 1886. At the request of the Captain Superintendent of Police I have the honour to transmit a Enclosure! Memorial from that Officer. praying that you will give 18th May 1886, With 6 sub-enclosures A to F he Right Honourable Earl Granville, H., te Ve directions
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ader

The O. a. G. but he protests against being compelled to apreme a piriidiction which he thinks (and is my opinion right() that the law has not given hein - and he appeals & the 1 gestate. Ihr Frane also complains that the oder har hen

in the form o

a Ostice Regulation ipurd iny important but he is technically night - Police Regulations

are made of the Capt. Supt with the approval of the Frommer under 013 the Adinance- and an lider othe fremmer for the guidance of

this is not

The

I would

Capt tuft. is at a separate matter and thunk with mine up with Regulations made wader that section

to the alvor efful Min darf. In say that it is the duty of the thead of the Sohne to obey instructions wohn if be doubts their legality but that he is entitled to appeal & the Systili

would als

J

•hajung proje

that Sis & Busin's instruction Guder in pas: 4 of this despatel appears

Mit Deane

" to be par from the objection to which the

No 190

*UIADAUNⱭ[] plory

My Lord,

Inbsequent

instruction

2

has

May 15 is open

"Эләдлән ч MS

Ew

I agre

El.

18 Aug

Any. 21.

*Wojsшdig "W

*UN

*BLANIW

Livad

12561

REG15 JUL 86,

44

Government House, Hongkong, 4th June, 1886.

At the request of the

Captain Superintendent of Police I

have the honour to transmit a

Enclosure! Memorial from that Officer.

praying that you will give

18th May 1886,

With 6 sub-enclosures

A to F

he Right Honourable

Earl Granville, H.,

te

Ve

directions

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