CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 56

Enclosure

12.

54

By

etnaoford

AS ARUAIO wok

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.48

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.beteta onяo srld no ::00 brsail od od helztens ad (Isda Isajɖe odð oð yðraq VITA

Sir,

Chambers,

Supreme Court, Hongkong,

18th. June 1908.

C.0.

29049

春吧

10 AUG 08

I read with interest the report in the

newspapers of the debate on the clauses of the amending Build- -ing Ordinance now before Council which took place last week. There appeared to me to be a question of some importance in-

-volved in connexion with the proposal to refer certain ques-

-tions of law to the Supreme Court for the opinion of the Full Court. I was unwilling however to write to Your Excellency on the subject until I had seen the proposed amendment, as it seer- -od to me possible that the report might be incomplete.

2.

I had an opportunity yesterday of looking

at the clause as it now stands, and I have the honour to point out that there are grave doubts as to whether it is consitution- -al. It appears that the opinion of the Full Court is to be requested on a case stated by the parties, but no provision is made that the opinion of the Court will be followed; in fact I gather from the report of the debate that the Government decline to insert words making it obligatory on the Governor in Executive Council to act on the opinion; although it appears to have been stated that the Government would act on it. I think it my duty to inform Your Excellency that in my opinion this is insufficient. The Court cannot give platonic opinions, and in the event of a decision in any given case not being followed, a very serious conflict would arise between the Judiciary and the Government, I therefore venture to suggest to Your Excellency the advisability of so amending the clause so as to remove all possibility of doubt on the subject.

3.

There are other points of procedure which

seem

08 9280 Is to Sura Lv% wit yd getræad and no Isamuod ed

.benda

ellency The Governor,

Hongkong.