CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 615

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

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Jnemntevoð erit od briste atasvios Ilvio dołɗfw ni anoltalet sit

math of drigir edð Inerm:evoð eɗð evig đon ob STTOR VONż dołdw

as æðrigir vient erutal of yaw yns ni no xêreŋong rien? to sɛoq-

£tvło a dółw beretvotal oɛ era aðrigin aaodt t1 .aisubivibat

to vew yď atrod siit #roteď naerber amen add asii, Jiæviða

Isnit edi baa ̧[aubivibni reddo vna medɗzi” to noisijeq

İNANTIAVO)) #Ad driw Jaet jon seob moltneup sið to JusmeLI JOG

elifð to moitanup a erotetorit ead" .edad? to viajetosh end to

add énormTevoð eɗd bne travies Ilvio a neswded amatra erudan

VIAJOTOO? Add of afstrome? gnìneathba of braget dółw anoidmitgef

(dotel „dzes resta£ ■'cone[[sort &ly sea) ‚xiqqs Jon ob stain to

a dona to notdenimedeb fanit eɗð nælens of ed blnow dard yoŽ

.edast to visterosë erit ♫tkw daer of noldusup

noldasup sið „dosġdwa edd no wał Ianottusitanos ert gated atNT

-alb a al etorid nerw moltteoq a'travina Ilvio a al darbe neatra

acid ddiw noixamnoo ni insemisvoð «nd bna 1[eamiti neewtad atvæ»

a nad ei ræft .cwtni mid beanso naɗ fioltiw moltoa eldAGIN"LOVOD

-et eď don blwoo ‡dął¬ to modalsaq a dɔidw no notion to dri¥2′′

$[usi??16 mild to dnorðaulba on TI,Jon blvow sĦ .raelo al boaut-

mort adtwo) and exoteď nolina mort inita,ta bevitta að bíroo

-nrevod and to neve ndið ni mir aoihutang binarim 31 darið sagt vna

«arouş! enop • sptué conta nos pe bleriieq' ol eaau spoiljış og*

Ila to blorah stew brawiot tuq miało sɗt eanwoo to anelau

erij to eman edt mi noktiteq sát no Jneratoħna aɗid not ¡egonset

dolɗw yď cheeser a benbat and së .*onoh eď žigir Jal" (al gaix

sanas etd retanand nao ad ¡ètum eďð od vtraq sa tanɛgn base ari

blươw oɗw,vtraq briɗð a of goldæabianoe boog ret noitoa to

«Besan nwo aid at tɗşin to moisiseq a not yiqqa medi

Ilvio a to wub eďt ‚ìaeio era udriņi” manziș synodis La Juë

of em od amboa neonatamrolo dowa ni tremanovoð ad) od dæaYiGD

at doldw solvha taeď art benistdo tarit ontvaïl .taeis vi Laupe ed

ald ni galdsvteve ob of brod að binow ori,mkr! að sIdalkava

FH9802A8TIS not noidasgqua „noltaðnaaerqer to taw vɗ toWog

ok atrod end of Insqqa na blova of ‚ealmorgævo (noltartides asd

has however a duty to himself and those dependent on him, and if

all else fails his relations to the Government are not such as

to require him to abandon what he conceives to be his just

rights, at least if a considerable sum is at stake.

But it appears to me to be equally clear that the Government

has also a duty cast upon it. Recognising that the civil servant

is honourably abiding by his duties, but being as convinced that

the claim is wrong as the civil servant is that it is right,

the Government is bound to facilitate the amicable settlement

of the difficulty by all means in its power, and not, by a

simple refusal to consider such means as are available to that

end, drive the civil servant to the Courts. But where, as in

the present case, owing to his position, it is practically in-

-possible for the civil servant to appeal to the Courts, it

seems to me that it is doubly the duty of the Government to

facilitate an amicable settlement. It is not sufficient for the

Government to simply entrench itself behind the opinion of the

Attorney-General; the fact that the Chief Justice has put for-

-ward the claim of itself should be sufficient for the Govern-

-ment to accept the suggestion that a legal opinion should be

taken of lawyers which both parties would recognise and abidə

by.

My action throughout this controversy has been based upon the

lines indicated above; I have endeavoured to look at the

question as if I were not concerned in it, and I believe that

the loss which I have suffered is due to illegal action on the

part of the Governor in Executive Council; the authorities and

the facts seem to me abundantly clear, and having discussed it in the presence of His Excellency with the Attorney-General I

am not, after giving the matter full consideration, satisfied

with the Attorney-General's arguments, which seem to me to fall short of appreciating the real issue involved. I have suggested a friendly reference to lawyers of eminence: I have refrained from using language appropriate to the making of a claim: I was

willing

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