LAW OFFICERS OF THE CROWN,
407
C. O.
44323
DIRECT
LAW OFFICERS' DEPARTMENT, REG 17 DEC 01
ROYAL COURTS OF JUSTICE
29th November 1901.
Sir,
I was favoured with your letter of the 11th instant, stating that you were directed by Mr Secretary Ritchie to transmit to me the accompanying Petition of Right of Mr Matthew J.D. Stephens and Mr Thomas Howard, both of Victoria in the Colony of Hong Kong, together with a letter from the Colonial Office with reference thereto, and that you were to request that I would be so good as to favour Mr Ritchie with my opinion whether there was any objection to the Petition being endorsed in the usual manner "Let Right be done".
I have taken the matter into my consideration, and have the honour to Report
That I do not think that this Petition should be endorsed "Let Right be done", and indeed, I do not think there is any power to do so.
The Petition asks that it may be referred to the Judicial Committee of His Majesty's Privy Council. His Majesty has power under 3 & 4 Will. IV. c. 41 s. 4 to refer matters to the Judicial Committee for hearing or consideration, and the Committee are thereupon to hear and consider the same and advise His Majesty thereon. But a reference of this kind does not proceed upon a fiat, and I cannot see that the present case is suitable for such reference.
The Petitioners' course is to apply to the Privy Council for leave to appeal from the decision of the Court
S Murdoch, Esq., C.B.,
&c &c
HOME OFFICE
7
LAW OFFICERS OF THE CROWN,
407
C. 0.
44323
IRECT
LAW OFFICERS' DEPARTMENT, REG 17 DEC Ol
ROYAL COURTS OF JUSTICE
29th November 1901.
Sir.
I was favoured with your letter of the 11th instant. stating that you were directed by Mr Secretary Ritchie to transmit to me the accompanying Petition of Right of Mr Matthew J.D.Stephens and Mr Thomas Howard, both of Victoria in the Colony of Hong Kong. together with a letter from the Colonial Office with reference thereto, and that you were to request that I would be so good as to favour Mr Ritchie with my opinion whether there was any objection to the Petition being endorsed in the usual manner "Let Right be done".
I have taken the matter into my consideration, and have the honour to Report
That I do not think that this Petition should be endorsed "Let Right be done", and indeed, I do not think there is any power to do so.
The Petition asks that it may be referred to the Judicial Committee of His Majesty's Privy Council. His Majesty has power under 3 & 4 Will.IV. c.41 8.4 to refer matters to the Judicial Committee for hearing or consideration, and the Committee are thereupon to hear and consider the
same and advise His Majesty thereon. But a reference of this kind does not proceed upon a fiat, and I cannot see that the
present case is suitable for such reference.
The Petitioners' course is to apply to the Privy Council for leave to appeal from the decision of the Court
S Murdoch, Esq., C.B.,
&c &c
HOME OFFICE
at
7
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