CO129-523-1 Reclamation work at North Point- a general plan of port of Hong Kong showing extent... 27-12-1929 - 12-6-1930 — Page 35

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the ground of misrepresentation against the Crown

would not be open to Mr. Kwik, for three reasons,

i.e., (a) the representations were not false, (b) in any case they were not fraudulent, and (c) the action

is one of trot and an action of trot does not lie

against the Crown, though it may lie against a

servant of the Crown. I therefore think that we

are probably safe against any legal claims.

15. I should have liked to go into, and discuss,

this matter in greater detail, and I am aware that

there is much more to be said on several points, but

so far as I can see the position is as follows:-

(a) We are not legally liable to give

Mr. Kwik any redress.

(b) We induced him for our (public)

purposes to make a decision against

his own immediate interest, and possibly

against his permanent interest.

(c) It would be politic, and only fair, to

assist him in the loss to which our well

meant action has contributed, and I have

suggested remitting $300,000 of our

$600,000 loan.

(sd.) J. H. Kemp.

Attorney General.

Attorney

28.