CO129-338 - Public Offices & Others - 1906 — Page 681

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

675

Having now clearly shewn that, under the Ordinance as defined by Governor des Voeux, Mr. C. A. Cripps, K.C., Justice Fielding Clarke, Chief Justice Sir John Carrington, Attorney General Goodman, and Chief Justice Sir P. T. Piggott, the judicial assessor, we are entitled to proper compensation for the depreciation of our Property and for loss of Rents caused by the Reclamation; and that the Award of Sir Matthew Nathan is not commensurate with the injury sustained by depreciation, and disallows the claim for loss of Rents; that it is arbitrary, without a single fact in support, and against all the facts in evidence; and as it will not be contended that the Ordinance sanctions the misconduct of the Governor, it remains only for me to appeal to His Lordship the Secretary of State for the Colonies to exercise his prerogative to prevent a grave injustice being done to a Crown Lessee by a wrongful act of the Governor in repudiating the promise of his predecessor Governor des Voeux that the Government would accord the fullest justice in respect of private rights, a promise which we were entitled to believe would be carried out when the obligation became due by whomsoever might be the Governor; and seeing that three Governors have failed to assess the compensation fairly from the Facts in evidence, I would suggest, with all due respect, that the matter be referred for adjustment to a Government official experienced in matters of compensation and myself in London, and thus end a matter which in the hands of a competent Arbitrator would have been settled years ago.

I have the honour to be

Sir,

Your Obedient Servant,

The Howard

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675 Having now clearly shewn that, under the Ordinance as defined by Governor des Voeux, Mr. C. A. Cripps, K.C., Justice Fielding Clarke, Chief Justice Sir John Carrington, Attorney General Goodman, and Chief Justice Sir P. T. Piggott, the judicial assessor, we are entitled to proper compensation for the depreciation of our Property and for loss of Rents caused by the Reclamation; and that the Award of Sir Matthew Nathan is not commensurate with the injury sustained by depreciation, and disallows the claim for loss of Rents; that it is arbitrary, without a single fact in support, and against all the facts in evidence; and as it will not be contended that the Ordinance sanctions the misconduct of the Governor, it remains only for me to appeal to His Lordship the Secretary of State for the Colonies to exercise his prerogative to prevent a grave injustice being done to a Crown Lessee by a wrongful act of the Governor in repudiating the promise of his predecessor Governor des Voeux that the Government would accord the fullest justice in respect of private rights, a promise which we were entitled to believe would be carried out when the obligation became due by whomsoever might be the Governor; and seeing that three Governors have failed to assess the compensation fairly from the Facts in evidence, I would suggest, with all due respect, that the matter be referred for adjustment to a Government official experienced in matters of compensation and myself in London, and thus end a matter which in the hands of a competent Arbitrator would have been settled years ago. I have the honour to be Sir, Your Obedient Servant, The Howard
Baseline (Original)
- C- 675 Having now clearly shewn that, under the Ordinance as defined by Governor dos Voeux, Hr. C. A. Cripps, K.C. Justico Fielding Clarke, Chief Justice Sir John Carrington, Attorney General doodman, nd Chief Justice Sir P. T. Piggott, the judicial assessor, we are entitled to proper compensation for the depreciation of our Property and for loss of Rants caused by the Reclamation; and that the Award of Sir Matthew Vathan is not commensurate with the injury sustained by deprecia- sion, and disallows the claim for loss of Rents; that it is arbitrary, without a single fact in support, and against all the facts in evidence; and as it will not be contended that the Ordinance sanctions the misconduct of the Governor, it remains only for me to appeal to His Lordship the Secretary of State For the Colonies to exercian hin perogative to prevent a grave injustice being done to a Crown Lessee by a wrongful act of the Governor in repudiating the promise of his predecursor Governor des Voeux that the Government would accord the fullest Justice in respect of private rights, a promise which we were entitled to believe would be carried out when the ouligation bocano due by whomsoever might be the Governor; and seeing that three Governors have failed to assess the compensation fairly from the Facts in evidence, I would suggest, with all due respect, that the mattar be referred for adjustment to a doverment official experienced in natters of compensation and ryself in London, and thus end a matter which in the hands of a competent Arbitrator would have been settled years ago. I have the honour to be Sir, Your Obedient Servant, The Howard
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- C-

675

Having now clearly shewn that, under the Ordinance

as defined by Governor dos Voeux, Hr. C. A. Cripps, K.C.

Justico Fielding Clarke, Chief Justice Sir John Carrington,

Attorney General doodman, nd Chief Justice Sir P. T. Piggott,

the judicial assessor, we are entitled to proper compensation

for the depreciation of our Property and for loss of Rants

caused by the Reclamation; and that the Award of Sir Matthew

Vathan is not commensurate with the injury sustained by deprecia-

sion, and disallows the claim for loss of Rents; that it is

arbitrary, without a single fact in support, and against all the

facts in evidence; and as it will not be contended that the

Ordinance sanctions the misconduct of the Governor, it remains

only for me to appeal to His Lordship the Secretary of State

For the Colonies to exercian hin perogative to prevent a grave

injustice being done to a Crown Lessee by a wrongful act of

the Governor in repudiating the promise of his predecursor

Governor des Voeux that the Government would accord the fullest

Justice in respect of private rights, a promise which we were

entitled to believe would be carried out when the ouligation

bocano due by whomsoever might be the Governor; and seeing that

three Governors have failed to assess the compensation fairly

from the Facts in evidence, I would suggest, with all due respect,

that the mattar be referred for adjustment to a doverment

official experienced in natters of compensation and ryself in

London, and thus end a matter which in the hands of a competent

Arbitrator would have been settled years ago.

I have the honour to be

Sir,

Your Obedient Servant,

The Howard

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