CO129-308 - Public Offices - 1901 — Page 415

Mont

that the Petition

asks that it

may

be referred to

the Committee of Council, that

under Judicial Committee's Purview

H.M has

C.41. S.4

refer matters

to the Judicial Committee

and the Committee must thereupon hear

and consider the same

and advise Him. the Crown,

that a reference of this kind

does not proceed upon a final

case

that the present

case is suitable for

such reference.

3. They consider, therefore, that

the Petitioners have proper cause to

apply to the Privy Council for leave to

appeal for the decision

of the Courts

of Hong Kong, if they

are advised that

it is necessary

and that the case is

fit for appeal. On this last point the L.o. offer

no opinion.

4. As to the

contention that

ultra vires, they

point out that

the right has been raised in the Hong Kong Court

and possibly not by the Petitioners

but may have been raised, it

is advised that there is

ground for the contention

in question

which they express

in suspicion.

If the

contention on

William IV

for hearing

or

Cars

Judicial Committee