CO129-355 - Governor Sir Lugard - 1909 [1-3] — Page 143

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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No. 1.

C.O. --9332

Claribers,

Rece 142

Rec 17 MAR 09

Supreme Court, Hongkong,

20th January, 1909.

845/08

I have the honour to acknowledge Your Excellency's letter of 11th January, enclosing a copy of a despatch from the Secretary of State, dated 30th December, in connexion with the letting of the Eyrie to Mr. Ko Tung, in which Your Excellency is informed that the Secretary of State cannot agree to consult the Law Officers of the Crown about the matter.

2.

The question which I desired should be submitted to the Law Officers was whether in the event of a dispute involving questions of law arising between a Civil servant and the Government, it is constitutional for the Government to decide in its own favour, rejecting all proposals for a settlement on amicable terms, or by friendly arbitration; more especially in the case of a Chief Justice of a Colony to whom remedy by way of appeal to the Courts is, owing to his position, denied. With deference this puts the Chief Justice in the position of being without legal redress, contrary to the Charters of liberty. The question involved is one which affects all Colonial Civil Servants, and I venture with respect again to urge

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No. 1. C.O. --9332 Claribers, Rece 142 Rec 17 MAR 09 Supreme Court, Hongkong, 20th January, 1909. 845/08 I have the honour to acknowledge Your Excellency's letter of 11th January, enclosing a copy of a despatch from the Secretary of State, dated 30th December, in connexion with the letting of the Eyrie to Mr. Ko Tung, in which Your Excellency is informed that the Secretary of State cannot agree to consult the Law Officers of the Crown about the matter. 2. The question which I desired should be submitted to the Law Officers was whether in the event of a dispute involving questions of law arising between a Civil servant and the Government, it is constitutional for the Government to decide in its own favour, rejecting all proposals for a settlement on amicable terms, or by friendly arbitration; more especially in the case of a Chief Justice of a Colony to whom remedy by way of appeal to the Courts is, owing to his position, denied. With deference this puts the Chief Justice in the position of being without legal redress, contrary to the Charters of liberty. The question involved is one which affects all Colonial Civil Servants, and I venture with respect again to urge
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sir, No. 1. C.O. --9332 Claribers, Rece 142 Rec 17 MAR 09 Supreme Court, Hongkong," 20th. January, 1909. 845/08 I have the honour to acknowledge Your Excel- -lency's letter of 11th. January, enclosing a copy of a despatch 50 from the Secretary of State, dated 30th. December, in connexion with the letting of the Eyrie to 'r. Ko Tung, in which Your Excellency is informed that the Secretary of State ca not agree to consult the Law Officers of the Crown about the matter. 2. The question which I desired should be submitted to the Law Officers was whether in the event of a dispute involving questions of law arising between a Civil servant and the Government, it is constitutional for the Government to decide in its own favour, rejecting all proposals for a settlement on amicable terms, or by friendly arbitration; more especially in the case of a thief Justice of a Colony to whom remedy by way of appeal to the Courts is, owing to his position, denied. With deference this puts the Chier Justice in the position of being without leral redress, contrary to the Charters of liberty. The question involved is one which affects all Colonial Civil Servants, and I venture with respect again to urge
2026-06-07 19:36:07 · Baseline
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sir,

No.

1.

C.O. --9332

Claribers,

Rece

142

Rec 17 MAR 09

Supreme Court, Hongkong,"

20th. January, 1909.

845/08

I have the honour to acknowledge Your Excel-

-lency's letter of 11th. January, enclosing a copy of a despatch

50 from the Secretary of State, dated 30th. December, in connexion

with the letting of the Eyrie to 'r. Ko Tung, in which Your

Excellency is informed that the Secretary of State ca not agree

to consult the Law Officers of the Crown about the matter.

2.

The question which I desired should be

submitted to the Law Officers was whether in the event of a

dispute involving questions of law arising between a Civil

servant and the Government, it is constitutional for the

Government to decide in its own favour, rejecting all proposals

for a settlement on amicable terms, or by friendly arbitration;

more especially in the case of a thief Justice of a Colony to

whom remedy by way of appeal to the Courts is, owing to his

position, denied. With deference this puts the Chier Justice in

the position of being without leral redress, contrary to the

Charters of liberty. The question involved is one which affects

all Colonial Civil Servants, and I venture with respect again to

urge

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