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at Hong Kong if they are advised that such leave is necessary, and that the case is one proper for appeal upon which I offer no opinion.
As regards the contention that the Ordinance was ultra vires this ought to have been raised in the Hong Kong Court, and may possibly be now raised if the Petitioners are advised that there is anything in the point, as to which I express no opinion. On being properly raised before the Hong Kong Court it might, in due course, be brought before the Privy Council on appeal,
The present is a Petition of Right, and it is entirely out of order that such a Petition should be, in the first instance, heard in the Privy Council. In special cases a reference may be directed under section 4 of 3 & 4 Will. IV cap.41, but the present case does not appear to me to be suitable to such a course.
I am,
Sir,
Your obedient Servant,
(Sd) R B Finlay.
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at Hong Kong if they are advised that such leave is necessary, and that the case is one proper for appeal upon which I offer no opinion.
As regards the contention that the Ordinance was ultra vires this ought to have been raised in the Hong Kong Court, and may possibly be now raised if the Petitioners are advised that there is anything in the point, as to which I express no opinion. On being properly raised before the Hong Kong Court it might, in due course, be brought before the Privy Council on appeal,
The present is a Petition of Right, and it is entirely out of order that such a Petition should be, in the first instance, heard in the Privy Council. In special cases a reference may be directed under section 4 of 3 & 4 Will, IV cap.41, but the present case does not appear to me to be suitable to such a course.
I am,
Sir,
Your obedient Servant,
(Sd) RB Finlay.
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