(4)
IN THE SUPREME COURT OF HONG KONG
ORIGINAL JURISDICTION.
Action No. 67 of 1928.
26)
108
#folios @ 2.40
#27 73.060"
The China Merchants Steam Navigation.
BETWEEN
Company, Owners of the S.S. "Irene"
and
F.J.C.Halahan, Commanding H.M.'s Sub-
marine L. 4.
6th December, 1928.
Mr. B. Johnson, present. Mr. Russ, present.
12.28.
Plaintiffs
Defendant.
John Lewis Pearson. sworn. Commodore in charge of Naval Estab-
lishments at Hong Kong.. Held that appointment since December,
1926. I know Defendant in this action
200
Lieut.Commander
Halahan - in October, 1927, he was in command of Submarine "L
4" In October, 1927, I issued operation orders for action--- against pirates under the authority of the Cammander-in-Chief.
་
I---
I am entirely responsible for drawing up the orders.
produce a copy of the original orders (Marked "A"). I have---
read the Statement of Defence filed in this action paragraph
4 put to witness
The acts of the Defendant set out in para
graph 4 were carried out entirely in accordance with the above mentioned order (Exhibi\"A"), The order was intended to
cover such acts. The action taken was entirely approved by me
When this action was started I received instructions from the--
Admiralty in a letter signed by, Charles Walker. I produce the
to original (Marked "B"). This letter instructs me to decline
admit any legal liability to the Plaintiffs in this action. It
also informs me that H.M.Government have ratified the acts of--
the Defendant as an Act of State. I personally know that-----
Charles Walker is Deputy Secretary to the Admiralty.
amiliar with his signature and I have compared the signature on
I am
"B" with others received by me from time to time, and I believe it/
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