CO129-443 - Governor Sir May - 1917 [7-9] — Page 395

|

}

CONFIDENTIAL.

gir.

REC

C.O

52963

Rue 27 T17

384

HONGKONG.

GOVERNMENT HOUSE.

5th. September, 1917.

I have the honour to invite your attention

to the Peak District Reservation Ordinance, 1904, a copy

of which was forwarded for the signification of His late Sa Majesty's pleasure under cover of my despatch No. 189 of

19982

04.

the 4th May, 1904.

2.

Section 3 of the Ordinance reads that no

owner, lessee, tenant, or occupier of land or building at the Peak may let such lend or building or my part thereof for the purpose of residence by any but lion-Chinese or permit any but Non-Chinese to reside on or in such land

or building.

3.

The intention of the section seems at first

sight clear: that Chinese shall not be allowed to reside at the Peak. Its interpretation at law, however, is apparently to be called in question, the argument being that an individual does not, in the accepted use of the word, "permit" himself to do a particular thing, and that accordingly a Chinese owner, residing in his own house at the Peak, is not thereby permitting any but Non-Chinese

to reside there.

4.

No Chinese has hitherto resided at the

Peak excepting Sir Robert Ho Tung, who some ten years ago

HE RIGHT HONOURABLE

WALTER LONG, M. P.,

80..

&c

&c..

purchased

f