CO129-332 - Public Offices & Others - 1905 — Page 430

427

sir,

7, Castle Terrace,

C.0.

42871

ROS laur 39 NOV 05

res, Isle of Wight.

doves,

28th November 1905.

I have ow the honour to acknowledge the receipt of your

letter No. 41413/1905 under date the 25th. instant, in reply

to my letter of the 20th. instant wherein is set forth the un- just manner in which our claim has been dealt with by the Governor of Hongkong .

H

27223

OG

2.

You remind me that in your letter of the 9th. August 1904, I was informed that the Governor's decision must be taken to be a final settlement of the matter. You also informed me that the reference was for enquiry whether any further compensa- tion could justly be paid to us.

3. The enquiry has been made, but inasmuch as the decision is not based upon the facts in evidence, it is not just; never- theless you tell me that Mr. Secretary Lyttelton regrets that he cannot continue the discussion of the case.

4. The matter, however, is too serious to be dismissed

in such a summary manner, and seeing that the Compensation clause in the Ordinance, as interpreted by the Privy Council,

is ultra vires; and as the Chief Justice of HongKong has been

Bitting as Judicial Assessor in the recent Enquiry held in Hong-

Kong, I have to ask if Mr. Secretary Lyttelton will consent to

the question being raised in the English Courts of Law.

I have the honour to be

sir,

Your Obedient Servant,

The Under Secretary of State,

Colonial Office.

The Howard