367
8.
The Chief Justice now pressed me
to discuss the matter verbally
-
on the point of the 11-
-legality of the action of the Executive Council with
the Attorney-General and himself. I consented to do so. I
understood Sir F. Piggott to contend that it was obligatory
on the Executive Council to grant an exemption in every
case unless some specific cause for refusal was shown, the
onus of finding such a cause being on the Council. It seem-
-ed to me that such a contention was contrary to the whole
spirit of the Ordinance, and the Attorney-General agreed
with me. Sir F. Piggott also contended that the refusal
to grant an exemption could not be on account of Mr. Ho
Tung individually, and that therefore the exemption was
absolute as against all Chinese in respect of that house.
The Attorney-General pointed out that this was not so.
Opinions were divided even in this case, and a change of
members of Council might on any future occasion or in the
case of any other Chinese result in a different decision.
The Attorney-General was strongly of opinion that no 11-
-legality whatever had been committed. Apart from illegal-
-ity the Chief Justice himself endorses the action of the
Executive Council as being based on "most worthy motives",
This phrase he has used frequently in the correspondence,
and
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