CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 30

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

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(3)

Enclosures.

29

Hon. Colonial Secretary,

Unless the Government through any of its

officials intimated its permission to allow the issue of the licences to await the return of the applicants to the Colony,

I am of opinion that the divan keepers have rendered themselves

liable under Sections 13 and 16 of the Prepared Opium Ordinance

1891, and they could sustain no legal claim for compensation on

the refusal of the Government to issue the licences. I may add

that Regulation 3 enclosed on the licences issued also requires

a bond to be entered into before the divans are opened to the

public.

no to meet wit al noldsmo”ni alch

al qora si? .baitinov od vllaes neo boy afood els to moldanimAKS

.q 98 Ilew

-: Is¢ £967

00.0068..10t drypod nav ne bot to wregory a

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2.

I observe that His Excellency in his cable

to the Secretary of State says they "were allowed to keep open".

3.

I understand however that the custom of

delaying the issue of the licence after the appointed day (1.0.

the lat. March) owing to the absence of the divan-keepers or for

other reasons has been quite general and this is shown on the

licences with this file (1335/08) from which it appears that a

licence was issued as late as the 18th. of December following

and all the others on dates subsequent to the appointed day.

Having regard to this custom, and putting aside the strictly

legal aspect of the question, to peremptorily refuse the renewal

of a licence for the remainder of the current year would sean-

-ingly inflict a hardship on the keepers concerned and I think

might be regarded as a breach of faith.

I assume that no fee has been paid and

accepted by the Government in respect of any of the licences

concerned.

25.880..

08.8

5.

The Crown Solicitor concurs in my opinion.

(Sd.) W. Rees Davies,

Attorney-general.

.Jqlooof!

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ar.8289.

83.288

82.22

.da bine rolgo to rexod 890.2

26th. June, 1908.

S0.86

.bloɛ rulq0 пo #tor¶ BBoth Alas† 0.18 to al

oa.Ir

Page 30Page 31

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