CO129-262 - Governor Sir Robinson Acting Governor O-Brien - 1894 [1-4] — Page 371

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

I received the answer (Appy. III) and under the authority therein contained the payments were resumed.

I have no wish to shelter myself either under this authority, or under a plea of ignorance of the existence of the circular despatch. I was guided, of course, in my duty to be decided by the Statute, and to interpret it correctly as far as I could.

Nevertheless, therefore, I can convince His Lordship that the fees which I have received are mine by law, I would prefer to return them, but as the order to Mr. B is to return the fees retained by him, I concur.

I hope that in any event, the above facts may be taken into favourable consideration.

I will now ask leave to submit, as shortly as I can, the reasons which have led me to conclude that under the Statute the fees are still personal fees to be appropriated in the way they have been.

By the authority under which the fee in the Vice Admiralty Court were established, such fees were purely personal. In the words of the Statute (Section 14 of the Act of 1863) they are "fees to be taken by..."

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"in Sector 16(8), and there was also because I thought (arent intentions which the Government of Hong Kong had ignored) to abolish personal fees, that it would be better to write about the matter, and I then did not to pay over more fees until I had done so, I delayed writing until Mr. Schroydi returned from Japan and then wrote the letter which His Lordship has seen. I received the answer (Appy. III) and under the authority therein contained the payments were resumed. I have no wish to shelter myself either under this authority, or under a plea of ignorance of the existence of the circular despatch. I was guided, of course, in my duty to be decided by the Statute, and to interpret it correctly as far as I could. Nevertheless, therefore, I can convince His Lordship that the fees which I have received are mine by law, I would prefer to return them, but as the order to Mr. B is to return the fees retained by him, I concur. I hope that in any event, the above facts may be taken into favourable consideration. I will now ask leave to submit, as shortly as I can, the reasons which have led me to conclude that under the Statute the fees are still personal fees to be appropriated in the way they have been. By the authority under which the fee in the Vice Admiralty Court were established, such fees were purely personal. In the words of the Statute (Section 14 of the Act of 1863) they are "fees to be taken by..." Page 367

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persone " in Sector 16(8), and ht there was also because I thought arent intentions / which the Government of Hong Kong had ignored) to abolish personal fees, that it would be better to write about the matter, and I then di. not to pay over more fees until I had done rected the Registrar any ar so, I delayed writing until Mr. stchroydi return proin Japan an and then wrote the letter which stir. hordship has seen. L received the answer neved / Appy. III) and under the authority therein contained the weuh were resumed. payments I have no wish to shelter myself wither under this authority, or under L •plex of ignorance of the existence of the circular despatch. J/ quided of course in my duty to be :ided by the Statute, and to interpret it correctly 367 as far as I could theless therefore I can convince this Lordship that the fees which I have received are mine. by law, I would re regards prefer to return them, but as the order to Mr B is to return the fees retained by him, hine, I coumreto گھر hope that in any event, the above facts may be taken into favourable consideratav. I will now ask leave to as I can the subunit, as shortly reador which have led me to con. clude, that under the Statute the fees are still personal fees to be ap- the propriated in been. way they have By the authority under which the fee in the Vice Admiralty L' Onurt avere established), much fees were purely personal. In the words of the Stanite / Section 14 of the sch of 1863) they are "few to be taken bike interpret F

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persone

in Sector 16(8), and

ht there was

also because I thought

arent intentions / which the Government of Hong Kong had ignored) to abolish personal fees,

that it would be better to write about the matter, and I then di.

not to pay over more fees until I had done

rected the Registrar

any

so, I delayed writing until Mr. stchroydi return proin Japan

an and

then wrote the letter which stir.

hordship has seen.

received the answer

neved / Appy. III) and under the authority therein contained the

weuh were resumed.

payments

I have no wish to shelter

myself wither under this authority,

or under

•plex of ignorance of

the existence of the circular despatch.

quided

of course in

my duty to be

:ided by the Statute, and to

interpret it correctly

367

as far as I could theless therefore I can convince this

Lordship that the fees which I have

received

are mine.

law,

I would

regards

prefer to return them, but as the order to Mr B is to return the

fees retained by him,

hine, I coumreto

گھر

hope that in any event, the above facts may be taken into favourable

consideratav.

I will now ask leave to

as I can the

subunit, as

shortly

reador which have led me to con. clude, that under the Statute the fees are still personal fees to be ap- the propriated in

been.

way they have

By the authority

under

which the fee in the Vice Admiralty

Onurt avere established), much fees

were purely personal. In the words of the Stanite / Section 14 of the sch of 1863) they

CO129-262 - Governor Sir Robinson Acting Governor O-Brien - 1894 [1-4] — Page 371

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