CO129-336 - Governor Nathan & Public Offices - 1906 [11-12] — Page 649

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

Printed

M24463

(Copy)

M24365

The Chinese Passenger

C.O

1 46689

#RECE

641

I 19 DEC 06 Acx1855

Hong Kong Ordinance 1889.

Opinion of

the Law Officers of the Crown and

Mr. Rowlatt.

(2) We are of opinion that the Ordinance as it

stands does not prohibit the Governor of Hong Kong from

granting a license for a single voyage for carrying

indentured coolies to a place outside His Majesty's Dominions. There is nothing in either Act to prohibit it,

and Schedule B of the Act of 1855 and Schedule F to

the Ordinance of 1889 clearly show that the possibility

of such trade was contemplated.

(b) Whether the instructions referred to are or

are not ultra vires depends in our opinion upon

the position which the Legislature of Hong Kong occupied

in making regulations under Section 2 of the Act

of 1855.

If it was acting merely as the

depository of a special power to make regulations, it could not validly confer

either

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Printed M24463 (Copy) M24365 The Chinese Passenger C.O 1 46689 #RECE 641 I 19 DEC 06 Acx1855 Hong Kong Ordinance 1889. Opinion of the Law Officers of the Crown and Mr. Rowlatt. (2) We are of opinion that the Ordinance as it stands does not prohibit the Governor of Hong Kong from granting a license for a single voyage for carrying indentured coolies to a place outside His Majesty's Dominions. There is nothing in either Act to prohibit it, and Schedule B of the Act of 1855 and Schedule F to the Ordinance of 1889 clearly show that the possibility of such trade was contemplated. (b) Whether the instructions referred to are or are not ultra vires depends in our opinion upon the position which the Legislature of Hong Kong occupied in making regulations under Section 2 of the Act of 1855. If it was acting merely as the depository of a special power to make regulations, it could not validly confer either
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Printed м 24463 (Copy) M24365 The Chinese Passenger C.O 1 46689 #RECE 641 I 19 DEC 06 Acx1855 Hong Kong Ordinance 1889. Opinion of thedaw Officers of the Crown and Mr. Rowlatt. (2) We are of opinion that the Ordinance as it stands does not prohibit the Governor of Hong Kong from for a single voyage for carrying a license granting indentured cookies to a place outside His Majesty's Dominions. There is nothing in either Act to prohibet it, and I chedule B of the Act of 1855 and Schedule F to the bromance of 1889 clearly show that the possibility of such trade was contemplated, (b) Whether the instructions referred to are or are not ultra vires depends in our quiiions upon position which the Legislature of Hong Kong occupied the im making regulations under Section 2 of the Act Treas of 1855 If it was acting merely as the the depository of a special power to make regulations, it could not validly confer eicher
2026-06-02 12:26:57 · Baseline
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Printed

м 24463

(Copy)

M24365

The Chinese Passenger

C.O

1 46689

#RECE

641

I 19 DEC 06 Acx1855

Hong Kong Ordinance 1889.

Opinion of

thedaw Officers of the Crown and

Mr. Rowlatt.

(2) We are of opinion that the Ordinance as it

stands does not prohibit the Governor of Hong Kong from

for a single voyage for carrying

a

license

granting indentured cookies to a place outside His Majesty's Dominions. There is nothing in either Act to prohibet it,

and I chedule B of the Act of 1855 and Schedule F to

the bromance

of 1889 clearly show that the possibility

of

such trade

was contemplated,

(b) Whether the instructions referred to are or

are not ultra vires depends in our quiiions upon

position which the Legislature of Hong Kong occupied

the

im

making regulations under Section 2 of the Act

Treas

of

1855

If it was

acting merely as the

the depository of a special

power to make regulations, it could not validly confer

eicher

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