CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 556

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Ro. 3

6.

550

On the 27th. ultimo, Ng Hin-tsz

and Nip Kun-man forwarded to me through their solicitor

Mr. Otto Kong Sing the petitions of which I enclose copies.

These petitions I also considered in Executive Coune il

on the 1st. instant when Council advised that, as neither

of the petitioners were willing to publish a statement dis-

sociating himself from the boycott, the banishment orders

against them should be carried into effect, and that they

should be referred to the terms of the banishment order for

an explanation of the grounds upon which they were banished.

Accordingly on the same day, Ng Hin-tsz was arrested by the

Police.

7.

On the following day his solicitor

gave notice of application for a writ of Habeas Corpus; and

on the evening of the same day the Crown Solicitor intima-

ted to me that, in his opinion the banishment warrants

issued under Section 13 of Ordinance 10 of 1886 were bad

inasmuch as seven days had been named in the Orders, in

accordance with a decision of the Executive Council on the

23rd. ultimo as the period within which the persons ban-

J

ished should leave the Colony, whereas under Section 13 of

the Ordinance the period should have been one of not leas

than 7 days; and that, if the case came for trial before

the Chief Justice, Ng Hin-tsz would certainly be released.

I referred