CO129-481 - Governor Sir Stubbs - 1923 [8-12] — Page 287

MINUTES.

MINUTES NOT TO BE WRITTEN

ON THIS SIDE.

281

in an action to suforce a porsyn jindyment (as in Scott & Blavan

.78) & it may

2

Brad. 78)

I considered

that neither of the principles baid

down in the two cases cited reolaechinly can be applied to the registration.

If legislation is introduced to for the date at wh: the com

converted, to commency is to be martin Johd

be inchard to farmer the date of registration which the tπo has adopted in Jute 20.

ar

19

Nov

I w commoult the Chuif

Me for Wike chitley

stu

Į

sunding, copies of corresp

(26460* and this wartime,

as in the Shrhardt's

minali

ki obaño

theme; for

KIN

4/1123

At ouck

AE

24

X

* Ask for returres of off

Aules

No 304.

Gor 26460

My Lord Duke,

53293

RE:

RL. 5 NOV 23

GOVERNMENT HOUSE.

HONGKONG. 27th September, 1923.

I have the honour to acknowledge the receipt of Your Grace's despatch No.122 of the 11th June, 1923, relating to certain rules proposed to be made under section 5 of the Judgments (Facilities for Enforcement) Ordinance, 1921.

2.

I observe that it is considered that any provision for the conversion of foreign currency into Hongkong currency for the purposes of the Ordinance should be made by substantive enactment. I gather that such an amendment would be favourably considered, but as any such provision would affect the rights of parties outside the Jurisdiction, it seems advisable, before introducing the legislation, to make some further enquiries and to ascertai definitely whether the principle of the legislation meets with your approval.

3.

There are two difficulties in the present position, one legal and the other practical. The legal difficulty is that "the courts of this Colony have no jurisdiction to order payment of money except in the currency of this Colony. Whatever sum is ordered to be paid, whether for principal, interest, or damages, must be

expressed in Hongkong money, or such order cannot be

enforced by the ordinary write of execution". I have

adapted

THE RIGHT HONOURABLE

THE DUKE OF DEVONSHIRE, K.G.,

&o..

&c.,

&c.