CO129-459 - Individuals - 1919 — Page 117

a neitish bom chinese has been

The Onda

dealt with under

Oppealed to the Perdy Coren

challenging

Strends.

the

of

BU

has

C.T

Corencil,

Old & on constitutional

The counsel retained for

the fort. has doubts about our clase

which

Inr. Risley is Hyung

we mwert-

Clearly Out, treb & sand

Junior

to comove.

fight the matter

this on

J. Bechai

the form is likely to come in

for adores comment on

their handling The clan of hoste

Ha cam.

affected by the Old & are, howwon,

no difficulty in defending

vocial pesto

ન

Chito hould be

he

lat

holing of the Oldy

20.11.19

aloum Wr.21.11

1. Callows

M

quinida

like to be the attacked

Holi from Bruce bulle

XJA.

28/1120

BURSHELLS.

C.T.D.BUROHELL. A.W, BURGHELL.

TILEPHONE VICTORIA 2.

sir,

The Under Secretary

Colonial Office,

Downing Stres Ei

63425

The Sanctuary. 115

Westminster, S.W.-1.

5 Homaber, 19.19.

£1 Hong Mi v. attorney General, Hong Kong.

sw.1.

6 NOV 0

Referring Jo your last latte, to us on this matter,

You which was dated the 22nd May last, Ho. 34033/18, we yesterday had a consultation with Counsel to settle the draft Case & Reasons on the Respondent's behalf, when ar. Upjohn K.C. desired to be instructed as to the souros from which the Governor and the Legislative Council of Hong Kong derive their power to pass the Deportation Ordinance referred to in these proceedings. 2. In the opinion of Counsel the prerogative of the Sovereign would not be sufficient authority to validate this Ördinanse, which on the face of it seprives the subject of the benefit of the provisions both of Magna Carta and the Habesz

Corpus Act.

3. In Mr. Upjohn's opinion an act of the British Parliament would be necessary to confer the wide powers implied by this Ordinance upon the Governor am Legislative Council, but we are

not aware of any such act seing panged.

4.

shall be greatly obligeć if we may be allowed to confer with the Legal adviser of the Colonial Office on this subject

We are, Sir,

Your obedient servants

Burchells.

Thanks.

KER

29.1

GG 29.1.20

alonces