CO129-383 - Public Offices - 1911 — Page 420

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

1

415

accompanying copy of a telegram

received from the Governor of Hong

Kong on the 16th May with regard

to the claims of the Company and of

has her

the reply which was sent from this

department to Sir P.Lugard.

3. From the information which

was previously available on this

matter, it appeared that the merits

of the claim for compensation pre-

ferred by the Company depended upon

whether the doctor who was respon-

sible for the medical examination of

immigrants was influenced by other

than medical grounds in rejecting

It now appears from enclosure

them.

I to the despatch from Jr. Hohler

forwarded in your letter that the

Company's claim is primarily based

upon Article 2 of the Federal

Constitution

JMeine

affers to have

Constitution, which seem to allowed

complete freedom of entry to all

immigrants into Mexico without any

reservations on the grounds of health.

Seem to It would therefore, follow that even if

the immigrants had admittedly been

suffering from every yessible disease

they could not have been excluded with-

out a breach of the Constitution. Bai

A

article of e Constitution seems nOW-

to have been prentes

allow exclusion

on the grounds of qublic heater.

4. If Sir Edward Grey is advised

that the legal point maintained by the

Company is sound, Mr. Harcourt considers

that His lajesty's Representative in

Mexico should be instructed to support

a claim by the Company for damages, and

to invite the lexican Government to

arbitrate as to the amount to be

awarded,

Page 420Page 421

pwarded, unless the new (overnment

in Texico are prepared to settle

Diplomalie

the matter witllout the intervention

of this coun CTY .

I am, etc.,

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