removing the dumps on behalf of the Civil Government, the responsibility for so doing would have remained with the
In the event, the Service Authorities clearly acted in their administrative capacity in the absence of the Civil Government.
Civil Government.
We should be glad therefore if you would approach the Colonial Office with a view to getting our views placed before the Hong Kong Government. We feel that we are in a strong legal position by virtue of the provisions of the Indemnity and Validating Ordinance, upon which our local legal advisers (Messrs. Hastings & Co.) commented in their opinion of 25th April, 1948, a copy of which was sent to Wass with my letter of 4th November, 1948. We do not consider therefore that the War Department has any legal liability or that any proceedings could succeed against us.
We are therefore not prepared to accept the claim as a charge against Army Votes at any rate without contesting the matter at a higher level.
Yours sincerely,
(Sgd.) V. HARVEY.
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