CO129-318 - Governor Sir Blake - 1903 [7-10] — Page 568

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which I have already referred grant the lease of the "slip" as

now prayed by Messrs. Deacon and Hastings.

For a reason unknown to me (probably from

a mistaken feeling of delicacy operating against validating expost facto a lease declared by the Supreme Court to be ultra vires) the lease of Lantao Marine Lot No. 2 was exempted from the operation of the validating provisions of the Ordinance

21 of 1901.

His Excellency however need feel no deli- cacy in now exercising his undoubted powers under the Ordinance

for as has been observed the Judgment of the so called "Full

Court" was that of the Chief Justice only a Judgment the

soundness of which I, with great respect, venture to question.

-

My advice therefore is that the lease of

Lantao Marine Lot No. 2 declared by the Full Court to have been

granted ultra vires be cancelled; and that under the powers

conferred upon His Excellency the Governor by Ordinance 21 of

1901 passed subsequently to the date of the Judgment of the

Full Court a fresh lease in the terms and to the extent prayed

by Messrs. Deacon and Hastings be granted.

(Sa:) H. S. Berkeley,

14th. August, 1908.

Attorney-General.

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