CO129-227 - Acting Governor Marsh - 1886 [6] — Page 50

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

gave him power to deal with such cases, he would do so. That is to say that the opinion of the Law Offices of the Crown, endorsed subsequently by the Governor in Executive Council, is not sufficient unless it coincides with his own view. I cannot admit that Mr Deane, when applying officially for the opinion of the Law Officer of the Crown, should reserve himself the right of reviewing that opinion, and of accepting it only if he thinks it is strictly legal. It is not the first time the Captain Superintendent of Police has given indications that he considers it is part of his duty to put his own interpretation on the law, or the legality of instructions given him. Reference will be found to this subject at page 208 of the evidence taken before the Committee of the Executive Council, and also in paragraphs 34 and 47, of Mr. Deane's report on the proceedings of that Committee. It will also be seen that, in paragraph 11 of his Memorial,

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gave him power to deal with such cases, he would do so. That is to say that the opinion of the Law Offices of the Crown, endorsed subsequently by the Governor in Executive Council, is not sufficient unless it coincides with his own view. I cannot admit that Mr Deane, when applying officially for the opinion of the Law Officer of the Crown, should reserve himself the right of reviewing that opinion, and of accepting it only if he thinks it is strictly legal. It is not the first time the Captain Superintendent of Police has given indications that he considers it is part of his duty to put his own interpretation on the law, or the legality of instructions given him. Reference will be found to this subject at page 208 of the evidence taken before the Committee of the Executive Council, and also in paragraphs 34 and 47, of Mr. Deane's report on the proceedings of that Committee. It will also be seen that, in paragraph 11 of his Memorial,
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8' 48 gave him power to deal with such cases, he would do so. That is to day that the opinion of the Law - Offices of the Crown, endorsed_ subsequently by the Governor in Excontive Council, is not sufficient unless it coincides with his own view. I cannot admit that Mr Deane, when applying officially for the opinion of the Law Officer of to the Crown, should reserve himself the right of reviewing that opinion, and of accepting it only if he thinks it is strictly legal. It to is not the first time the Captain Superintendent of Police has given. indications that he considers it is part of his duty to put his own interpretation on the law, or the to legality of instructions given him. Reference will be found to this subject at page 208 of the evidence taken before the Committee of the Executive Council, and also and 47, in paragraphs 34 of Mr. Deane's report on the proceedings of that Committee. It will also be seen that, in paragraph 11 of his Memorial,
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8'

48

gave

him

power

to deal with such

cases, he would do so. That is to

day that the opinion of the Law - Offices of the Crown, endorsed_

subsequently by the Governor in Excontive Council, is not sufficient unless it coincides with his own view. I cannot admit that Mr

Deane, when applying officially for the opinion of the Law Officer of

to

the Crown, should reserve

himself the right of reviewing that opinion, and of accepting it only if he thinks it is strictly legal. It

to

is not the first time the Captain Superintendent of Police has given.

indications that he considers it is

part of his duty to put his own

interpretation on the law,

or the

to

legality of instructions given him. Reference will be found to this subject at page 208 of the evidence taken before the Committee

of the Executive Council, and also

and 47,

in paragraphs 34 of Mr. Deane's report on the proceedings of that Committee. It will also be seen

that, in paragraph 11 of his

Memorial,

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