CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 145

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

142

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e: mont artros S abitiw west of b*2*olle sets edt $quoos of

62 mlrithw Joseta de cala od hrs,maig set to molasolIfug

„dinom brinit

,"ado290 ditë no berdoxe bobron maidel 9.72

*Note na harmia to bed geons nar's bar ghaq tarèiem JNE

bsduc-sur¿brarger? soIPIE ("ea1920 hral vrie

(

.tren

eid tot atte) Arte art anin of hawolle ed blorie neulḥ ac dent

akú to naltlónɑn uo Aɛn dod enize" od molźmi. Josk erfi to slow

brus ameifqs/E Arts woɗ HAY TO BEIAín s/? vtaléen në sulysja biur

wy y berolige naw eeuroo ait,nor resevol end timehed of

TOMATOð Bíó về hanolánmen hue finaal Iænsned-veztottá muitoA

("sdóvon? „left no naur2) #10 yet herria ewe atikums102 mit bra

.RASI

ť

ory Bretiged? „nd aby boltenu aspro meto

.braquìh oda to two baqgorh

Lundquod batsbinnon raw dl melj dend JA

art mi snelle of dor no addede bært archfor colzoon daar hartedu

- voð er to molinsând art vidariaeng age 3) bus,colòmmefue*

men vrac testen wild sirten void xi” bus cowio wo jef of dress

.wad ?0 Prod a uti no videning Title esviseriedt

alysen dom bivoo 82natsio erit vlezamudtotal!

herosum recésit oid malve-I helb ftod bnsvidanire

wi to pelasinvestist wild won nd grit wo

GAY IIa berbupos event na 2 nuk muï hna #ico zũ nem bre

10 not doa 19jest bas eexora,noando? „«^eesk „ædrinin a'worD

.A" ANJO Kd not nederek bu enowk .atzeak bre anl

ITSUNO

to noiseeneo: oant dat now at um 80PI MI

-Tahru Malleta s spirie etЛ noqu nolcanfoof off to alors sud

arsa tot el bros 185 I në nowo mo to neri tart of antiisd-

enirdalo gal¤ #10 #anime col:os "B JENVOT muf bis 18/0 T86%

POI! Tot estar a su ni mto send moldwtsforb a (toatte mi}

. ans F erottoeë salɛongo molter(os? orld to

nt heblash (marchoon) solonet, tel:3) es

** in Iseng mu bas nsrik cox nef ben ki: all muem su torst

Goodman and Mr. Sercombe Smith confirmed that decision.

Chu Ping appealed to the Privy Council,

The Privy Council held that under the

Reclamation Ordinance frontagers only were entitled to share

in the reclamation, but decided that Chu Ping was not a Trustee

and that Chan and Pun had no rights against him: and the Privy

Council dismissed the action of Chan and Pun, but without pre-

-judice to any claim which might be made by them either directly

or through the Government, or any action they might be advised

to bring in respect of any part of the land or any sum of money

which might thereafter be awarded to them by the Governor under

Section 8 Sub-section 6 of the Reclamation Ordinance.

In the meantime Messrs. Ewens and Harston

discovered that a petition had been sent by Yiu Chow to the

Registrar-General in October, 1889, which put an aspect on the

matter quite different from that shown in Mr. Bruce Shepherd's

evidence on the trial, and drew the attention of the Govern-

-ment to the judgments of the Hongkong Court and the Privy

Council, and the petition.

Messrs. Ewens and Harston took Counsel's

opinion on the whole matter and were advised to ask His Excel-

-lency the Governor to sue on behalf of their clients to compel

Chu Ping to carry out the agreement signed by Chu Chuen on 19th.

December, 1889, and the agreement signed by Chu Ping in 1903.

Mr. Sercombe Smith, then Acting Colonial

Secretary, went very fully into the matter, and considering

that Chan and Pun had a real grievance advised the Governor to

sccede to their request, and after correspondence the present

action was commenced.

At the trial Mr. Pollock for the Plaintiff

tried to put in evidence Yiu Chow's Petition and various

minutes dealing with it, but the Chief Justice excluded this

very important evidence, on the ground that (as was unfortunately

the case) no witness was produced to prove that the Petition

was

PERENCA ANT

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