CO129-566-6 Authorisation for writing off arrears of revenue 23-6-1938 - 23-6-1938 — Page 5

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person to be imprisoned in the event of non-payment of

the fine. Provided that a reduction or cancellation

of a fine is in accordance with a process contem-

plated by the Law, or, as the Governor of Hong Kong

says at (1), is a judicial act, I do not consider

that Colonial Regulation 278 is strictly applicable.

I should, however, regard this Regulation as applica-

ble to cases in which fines were subsequently reduced

or remitted merely on compassionate grounds or for

reasons of convenience, and I do not consider that a

Magistrate or other officer of the Court should be

empowered to reduce or remit fines in such cases.

As regards the Governor's remark that the

Accountant General is exercising the powers of

remission conferred by General Orders upon the

Treasurer, I should have thought that this was wrong,

and that, in the division of functions resulting from

the new system, it should be the Financial Secretary,

not the Accountant General, on whom these powers

would devolve when the Treasurership was abolished.

A.1. Harding

Director of Colonial Audit.

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