CO129-329 - Governor Nathan - 1905 [7-12] — Page 238

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Colonial Secretary's letter was written the Government was un-

-aware of the fact (subsequently established on appeal before

the full Court) that the decision of the Land Court had been ob-

-tained by Hc Lap Fun in his favour by "perjury and forgery" and

intended to issue in due course" the Crown Lease necessary to

give effect to the decision of the Land Court, but becoming pos-

-sessed very shortly afterwards of evidence of fraud the

Government refused the lease and appealing to foil Court had the

Land Court decision set aside on the grounds I have stated. How

can facts such as tise establish a claim on the part of the

Kellys against the Government ?

31st. August, 1905.

(Sd.) H. S. Berkeley.