CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 58

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Enclosure

13.

sir,

Chamber

C. O.

29049

Supreme Court,

Hongkong,

AUG 08

1st. July, 1908.

56

I have noticed in the newspapers that Your

Excellency has acted on the suggestion which I had the honour to

make to Your Excellency in my letter of 18th. June last in

connexion with the new Building Ordinance. So far as I am able

to judge from the newspaper reports the constitutional point

which I raised is met by the amendment. I think it my duty

however to point out that the deletion of the sentence which

made it obligatory on the Governor in Executive Council to

submit a question of law to the Full Court when requested by the opposite party, might conceivably lead to a conflict between the Court and the Governor in Council, though not on a constitu-

-tional question. I observed that the Attorney-General said

the that he should advise the Governor in Executive Council,

event arising, to remit the question when request is made by the opposite party. But in the event of refusal very awkward questions might arise, to which, for greater caution, I am bound to draw Your Excellency's attention before the bill becomes law. It appears to me conceivably that the Court night be called upon to require the Governor in Executive Council in spite of such refusal to atate a case for the opinion of the Pull Court, when a question of difficulty and delicacy would be raised, which I suggest to Your Excellency it would be better

if possible to avoid.

2.

I have not seen the article as amended,

but there is one further point on which I have been somewhat exercised, and to which I think it right also to draw Your

Excellency'a

is Excellency

8ir Frederick Lugard, K.C.M.O.,

Governor of Hongkong.