CO129-332 - Public Offices & Others - 1905 — Page 415

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

The Under Secretary of State,

Colonial Office,

sir,

0.0.

41413

Castle Terrace,

Cores, IRES

Isle of Wight?! NO! 05

20th.November 1905.

412

With further reference to your letter No. 27223/1904 dated 9th. August 1904, informing me that Mr. Secretary Lyttelton, as a matter of grace, and without prejudice to the strict legal rights in this matter as defined by the Ordinance and the Courts of Law, has decided to refer to Governor Sir Matthew Nathan, for enquiry, the question whether further com- pensation can justly be paid to us, having regard to all the circumstances of the case, but the matter being one which under

the terms of the Ordinance is within the absolute discretion

of the Governor, Mr. Lyttelton will be unable to entertain

any proposal for modification of the decision at which the

Governor may arrive, and that such decision must be taken to

be a final settlement of the matter.

I have now the honour to inform you that the enquiry has

been made and a further sum of money has been paid to us, but

it is in no way commensurate with the injury sustained, and I

take it that Mr. Secretary Lyttelton meant the further compen-

sation to be just in the true sense of the word.

Doubtless the Award and Appendices thereto have been sent

to the Colonial.Office, and if they be perused in connection

with my remarks on the Award, copy of which I enclose herewith,

it will be seen that the Award is not based upon the facts in

evidence, nor upon any principle recognised by Arbitrators,

but is arrived at from conjecture only.

It is true the words of the Ordinance state that the

if he thinks fit, award such a sum of money as

Governor may,

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