CO129-590-11 Commission of Enquiry into irregularities in Immigration Departments 22-4-1941 - 19-12-1941 — Page 147

irmn:

59

150

Then you had made it, did you send a copy either to the

Secretariat or to the Crown Solicitor for their record?

Mr. Forrest; No.

A

A

You have heard the criticism of this agreement which has been

made, first by Mr. Pudney and afterwards by kr. Pollard?

Yes.

sey

Both misconceived, if I may go so; because they have

misunderstood iỷ, as I think I brought out in gestioning lär,

Fudney at the last sitting – misunderstood the meaning of

the word 'agenoy”. The word "agency" was never intended to

mean that it was an agency of the Goverment or an agency of

the Immigration Office. The word "agency" was uødd there

the words "general agency**

because it had by that time become

the commonly accepted name in Hong Kong for these bureaux which

had sprung up to help, advise and do other work for applicants

for immigration docurents.

That may be. But you cannot dispute the fact that it does

establish as between yourself and Mr. Kobza a contractual

relationship. I are a party to the agreement, not the

public, and therefore he is to that extent at least on agent

for the Immigration Department; he is the delegate of the

Department.

a contractual relationship is established.

The relationship established in this, that I shall, in consider-

ation of his observance of the conditions therein, recognize

him as the gunend agent for co-ordinating the work of the

cxisting agencies. That is what it comes to.

You have other existing agencies which are permitted?

A

Yes.

ü #ithout any contract, written or oral?

A

They are reaɔgrized in amore or less formal way by letter.

A man wishing to establish an agency or having already done

so, writes to the immigration office for recognition, Generally they misuse teras and write to me asking for *appointment", I have replied in the case of acceptance that, *provided I am satisfied as to this and that and provided you

agree to certain conditions, I agree to give you recognition

as un agent”. The meaning of the term "recognition" I have