CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 443

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sir,

Government House,

Hongkong, 5th. May, 1908.

I have the honour to acknowledge Your Honour's letters of April 14th. and 23rd., I would observe that the order given by Your Honour to Mr. Seth on March 14th, in- -volved a serious addition of work both to himself and his subordinate officers, whose time was, Your Honour contends, already more than fully occupied. In these circumstances having been accorded the position of a Head of Department, and sincs his work involved duties unconnected with the Supreme Court as well as those connected with the Court, he acted as any other Head of Department might act and consulted the Colonial Secretary who is the intermediary between the Head of a Depart- -ment and the Governor. I am willing to believe on the assurance of Your Honour that had he adopted the course of referring to yourself the matter would have been adjusted without the dif- -ficulties which have arisen, but Mr. Seth presumably supposed that there was no probability of any relaxation of the order contained in your minute, and as he considered that order to go beyond what Your Honour could legitimately give and calculated to interfere with work for which he was responsible to the Executive Government he not unnaturally sought the opinion of the Colonial Secretary, nor do I think that he was wrong in doing so, or that there was anything "under-hand" in his action. The question put by Your Honour regarding Mr. Melbourne's qualifications was of a wholly different nature and intimately related to the Administration of Justice and Mr. Seth, as he was bound to, replied at once and fully. My remark in this connection that Mr. Seth's case was still "sub-judice" was simply intended to convey the meaning that since Your Honour had recommended his suspension the matter was still under my consideration. After a careful review of the whole case I am of opinion that there are no grounds for suspending Mr. Seth who

is