CO129-346 - Governor Sir Lugard - 1908 [1-3] — Page 139

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

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Zone Ifanx İnabar? «i?

Mr. Justice Wise has read the memorandum

and desires me to say that he concurs in it.

5.

I assume that the question was not over- -looked by the Financial Advisers of the Secretary of State when the new system was settled, and that it was intended that when the dollar rate was partly above and partly below 2/- during the average period it was intended that the rule given in the General Orders was to apply. In which case it is a question of construction. It may be however that this contin- -gency did not occur to the Financial Advisers, and that it is a casus omissus: in which event the considerations which are contained in the accompanying memorandum tend to show what I venture to think the Secretary of State would have prescribed had the question been considered.

6.

There are indeed reasons which induce me to think that the case was not considered; for it is by no means clear that if the rate had been below 2/- for the whole month of December, the intention of the new instructions is that the November rates are to be brought into the calculation. The unfairness of bringing them in if they were over 2/- must I think be apparent.

7.

With reference to the last part of paragraph

^

3 of Your Excellency's letter I have the honour to point out

not that the question must arise only when the dollar begins to

rise, but will recur whenever the dollar is hovering above and below 2/- during the average period. In paragraph 4 I

venture with respect to point out that Your Excellency by rely

-ing on the fact that the civil servant benefits with regard to remittances by the rate in excess of 2/- uses this fact twice

over. That benefit was granted because of the depreciation of salary caused by the high rate of exchange. It is I submit

impossible to make use of it again to meet a grievance which

has arisen from quite other causes. And I venture with much

respect

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