CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 159

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C O 12443

REGE 17 APR 15h

ATTORNEY GENERAL'S CHAMBERS,

Hongkong 24th March...... 191 1.

Report on Ordinance No...6. of 191 1

I have examined the accompanying Ordinunce, entitled

An Ordinance to amend the Harbour of Refuge Ordinance, 1909

qui law of opinion that the Ordinance is one which is not contrary to the fovernor'a

The Harbour of Refuge Ordinance, 1909, (No. 39 of 1909) provides that claims for compensation, by reason of injury to property from its access to the sea being interferred with by the works authorised, shall be in the absolute discretion of the Governor.

The Governor deems it irregular that such quasi judicial power should be placed upon him, who has sanctioned each step taken by the Executive, and when the facts are in dispute and evidence is to be ten- -dered in respect of them he thinks that it should be the function of a Judicial officer and not the Head of the Executive to decide the question.

This Ordinance amends the Ordinance by delegating to one of the Judges of the Supreme Court the power of deciding the amount of compensa- tion under the terms of the Ordinance to be awarded when a claimant is