CO129-590-11 Commission of Enquiry into irregularities in Immigration Departments 22-4-1941 - 19-12-1941 — Page 157

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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already been made for the necessary documents in cases of ... Chairman: You refer to the general agent granting a temporary entry

permit. That is in notice B.

Mr. Forrest: The Chinese words "A" cannot be translated as

A.

"grant" with all its connotations.

"... may apply to the general agent for the grant of a temporary

permit".

The Chinese version is "to obtain from the general agent the

receipt of..."

Mr. Wood: But the general agent in fact did grant such permits, dia

A.

not he?

He gave them. I think the word "grant" implies a lot more

than giving.

A.

He issued them, perhaps?

A.

It is the most colourless term and I think the action of the

gencral agent is fairly colourless.

Chairman: By what statutory provision do you suggest the general

agent could do that?

Mr. Forrest: By permission from the Immigration Officer.

Q.

A.

Q.

A.

The power to delegate which you rely on is that which you

maintain is contained in section 97

On certain conditions. I may exercise discretion,and I take

discretion to be applied in a general way.

Discretion can only be applied judicially.

In this case I think the judicial requirement is satisfied when we have held for eventual payment to the Government a fee which will be paid when the full conditions have been met. Harking back, with Mr. Woo's permission, to a question I asked some minutes ago: Do you maintain that that most certainly

does not make the general agent your agent?

A.

No, sir.

.

Your delegate?

A.

I think it is stretching the term.

He is holding for eventual

Q.

payment to me certain money.

The delegation of power to issue permits -

a power which under

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