CO129-301 - Governor Sir Blake - 1900 [9-12] — Page 411

}

409

****

4

to a grant of the watercourse; and if it did, then the License

would be irrevocable*.

The matter is not free from doubt but I

am inclined to think the Company could be required upon rea-

sonable notice of revocation of the permission or license, to

remove the cable between HongKong and Kowloon to another site,

But I am also of opinion that if the reason for requiring the

removal was because the Dock Company wanted to get a lease

from the Government of property where the cable landed, it

would be only common justice to require the Dock Company to

recoup the Cable Company the expense and loss occasioned by

such removal as one of the conditions of granting the Lease.

Indeed if the License iswithdrawn with-

iswi

out any urgent public necessity for such a step I expect the Company will ask to be compensated, though in strict law I

think it doubtful whether they could recover such compensa-

tion in a law suit. It would probably turn on the somewhat technical point whether they had had what amounts in Law on- ly to a License, or whe ther they had got a Grant by deed,or such a document as would give an equitable claim to ask for

such a deed. My own view is they have had only

a written

License.

24/9/00.

(sd) W.M.G.

Your