CO129-440 - Others & Individuals - 1916 — Page 444

:

paid $550

why Sir F.Piggott then paid 550 dellere instead of

$500 dollars, the sun due to ir Suffiad under the arrangement made with him, and it is equally not apparent why Sir F.Piggott paid 550 dollars instead of

the full amount due in respect of the judgment and

costs (deller 605.20).

A

The Secretary of State is well aware of the

effect of Colonial judgments in this country, but in

cases where he is satisfied that judgment has been recovered in a competent Colonial Court against a person in this country who is in receipt of a pension

which is under the Secretary of State's control, it is

open to him, if he sees fit in the interests of justice

to relieve the judgment creditor of the hardship of

having to take further proceedings here on the Colonial

judgment, and for this purpose direction can be given

for a deduction of the amount of the judgment from the

debtor's pension if the latter refuses, or fails within

a reasonable time, to satisfy it.

The Secretary of State has now twice (in the

Colonial Office letters of 17th and 29th March) called

Sir F.Piggott's attention to the balance of dollars

65.20 still remaining unpaid, and he has not yet

received from Sir F.Piggott any assurance of his intention

to pay this 8um.

The Secretary of State cannot but regard the

attitude adopted by Sir F.Piggott both with respect

to his liability to Mr Suffiad and in his correspondence

with the Secretary of State as being entirely unworthy of

the

a man who had held/high office of the Chief Justice

of Hong Kong. He has extended to Sir F.Piggott both

courtesy and patience and unless he receives an

intimation that the outstanding balance has been paid before the end of this month, the sum (dollars#56.20) will be deducted from Sir F.Piggott's Hong Kong pension.

(but is not disposed discuss the sulfi

any furthes

P.T.0.

:

:

443

[

Sir F.Piggott will very probably cite

against us clause 22 of the Hong Kong Pension Minute,

laying down that no pension shall be liable to be

Cred tached or sequestrated or levied upon for or in respect of any debt or claim whatsoever. This, however, refers to execution of judicial process and does not apply to executive action by the Crown, which can be taken whether there is a judgment against the pensioner

Success father

A

or not. Sir F.Piggott would not be able to sue the Secretary of State for any portion of his pension which

might be deducted. Cf. Gidley v. Lord Palmerston.]

Are

HA

9/4/06

10.4.16

G.G. 10.4.

14003/16

I agre

Dr.

11.4

And.J.

AS.M. 12.4.