CO129-421 - Governor Sir May - 1915 [3-4] — Page 199

م

RwHW

This seems

to be a proper case

Kong government

to

for the Hong

take up the defence of

on behalf of the plantiff defendant.

In the

bouton pant Privilege will

avail him

no doubt

against the pleas of libel

and slander. [2. Q.B.D. (C.A.) 1895 th. 189-196.]

As to the third pleading,

I am extremely

doubtful if it will prove to disclose

valid legal ground of

any Actions of

a

action at all, similar kind have been

brought previously on

occasions,

various

but rarely with success.

I do not anticipate

a different fate under notice, which affears on the present materials to be vescations and

for

that now

2

as proposed.

Ruttw.

5. Y

1915.

phu

AVC

vindictive.

6.J. 1J-

No

CONFIDENTIAL.

sir,

C.O

20685

195

MAY 15

GOVERNMENT HOUSE,

HONGKONG.

26th March, 1915.

I have the honour to transmit the enclosed writ

which has been issued at the instance of Mr. H. G. Fisher, formerly Executive Engineer in the Public Works Department, who olaims damages against the Director of Public Works for (a) slander and (b) preventing Mr. Fisher from obtaining leave of absence while serving under this Government.

2.

I assume that the alleged slander, particulars

of which do not appear in the writ, is supposed to arige out of the correspondence and reports concerning the delay in building the Post office. As regards the alleged prevention of Hr. Fisher's leave I need hardly point out that since the grant of leave lay in my discretion, Mr. Chatham was not responsible for

the refusal of leave.

3.

The writ was served by a local firm of solicitors or the 16th of March, and as I consider that the action taken by Mr. Figher is vexatious and wholly unjustifiable since Kr. Chatham, who has on more than one occasion reported favourably upon Mr. Fisher's professional qualifications, acted officially in his officiel capacity as Director of Public Works, I would ask that you would be good enough to cause an appearance to be entered for Mr. Chatham in this action by legal representatives who should, I submit, be retained at the cost of this Government

to defend the action.

THE RIGHT HONOURABLE

LEWIS HARCOURT, M.P.,

&C.

&C. 1

I have the honour to be,

sir,

Your most obedient,

humble servant,

Governor,&o.

k....

VAN