CO129-442 - Governor Sir May - 1917 [4-6] — Page 383

of matters only of substantial public importance, questions, for example, concerning the administration of justice, such as the continuance or non-continuance in office of a judge of a Colonial Supreme Court holding office during pleasure, which could not be made the subject of judicial appeal. If a special reference were granted in this case, it appears to him that it might be cited as a precedent for allowing a similar reference in other cases where a public officer or his personal representative claimed that he had been wrongfully retired and that his pension was consequently insufficient.

8. Mr. Bonar Law is, therefore, inclined to think that, Mr. Fisher being dead, his petition is not a proper subject for such a special reference, and he does not consider that it should be referred to the Judicial Committee unless he is advised by you to that effect.

9. Mr. Bonar Law will therefore be glad if you will take these papers into consideration and will advise him :-

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(1) Whether Mr. Fisher had an appeal as of right to His Majesty in Council

under Burke's Act;

(2) If so, whether this was actio personalis or whether the right of action

descended to his personal representative;

(3) If his personal representative has no such right of action, whether, in the circumstances, the petition should be transmitted to the Lord President of the Council with a recommendation that it should be referred to the Judicial Committee or not;

(4) Generally upon the subject matter of this letter.

REPORT.

I am, &o..

H. J. READ,

for the Under-Secretary of State.

(1) We answer this question in the negative.

As Mr. Fisher's appointment was " during pleasure," Burke's Act, 22 Geo. III., c. 75, did not confer on Mr. Fisher any appeal as of right.

(2) Does not arise.

(3) We do not think that there was any reasonable chance of Mr. Fisher suc- ceeding in his contentions, and, as Mr. Fisher has now died, we agree with the view expressed in paragraphs 7 and 8 of the letter of reference dated the 30th June, 1915, that nothing remains of sufficient importance to refer to the Judicial Committee of the Privy Council.

(4) We have nothing to add.

Law Officers' Department,

23rd July, 1915.

EDWARD CARSON.

F. E. SMITH.

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REG TO JUL

381

Noo CONFIDENTIAL.

Int..

t

So

Gov 64277

Sir.

GOVERNMENT HOUSE.

HONGKONG. 23rd. May, 1917.

With reference to your Confidential Despatch of the 15th. of March and to previous correspondence on the sub- -ject of the compulsory retirement of public officers, I have the honour to forward herewith a draft of a bill intituled "An Ordinace to amend the Pensions Ordinance, 1862".

2. My reason for submitting this draft for your approval is that I do not feel certain whether you intended that Judges should be included. In my opinion they should be included.

I have the honour to be,

Sir,

Your most obedient, humble servant,

Bomag

Governor,&c..

THE RIGHT HONOURABLE

WALTER LONG, M.P.

&c..

&c...

I