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82
No.3291/1914.
99
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Government House,
Honekone 11th December, 1914.
In reply to Your Excellency's letter No.4841(A) of the 9th instant, I have the honour to inform you that I regret that I cannot entertain your sugestion to refer to the Chief Justice and Puisne Judge the question as to whether the Attorney General has advised me correctly on the subject of the draft order for the information and guidance of the Police, copy of which was enclosed in my letter of the 3rd instant. The Attorney General is the properly constituted legal adviser of the Colonial Government, and I have no reason to doubt the correctness of the advice which he has given me in this matter.
2.
With reference to the 2nd parueraph of Your Excel- lency's letter, I enclose copy of an extract from a minute by the Attorney General, dated the 30th of October, on this subject, and in view of that opinion I am constrained to request Your Excel- lency to be good enough to instruct the officers under your com- mand that in the event of civil riot or disturbance they are not to take any action, except for the direct protection of Military or Naval property, unless and until a requisition is made for assistance by the Civil Authority.
3.
It is hardly necessary for me to remark that I cannot assent to the view expressed in the third paragraph of your letter. You will have learnt from my letter of the 27th of October that I am advised that your interpretation of Clause III (1) of the Order-in-Council of 26th October, 1896, is erroneous.
His Excellency
Major-General F. H. Kelly, C.B.,
Commanding the Troops in South China,
Hongkong.
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