The Archive · 1924

Polley la Relation to Law

Upon the policy underlying the refusal to register this transfer which formed the larger part of the evidence of Sir James Jamieson, it is not for the Court to express an opinion: I am only concerned with the law. If the law has not provided for that policy, it is the fault of the legislature. 'T can o¥ly administer the law as I understand it, irrespective of the views of the Executive sas to what the law ought Think 1 have dealt with all th points raised and argued in this case. I think' the Gonsul-Genera was right. when he said that the only matters that concerned this transfer were the King's Regula: ons andthe terms of the Crown Lease. I only want to add this: the case for the defendants has been based throughout, as indeed had to be, upon the' assumption that the sole object of the legislation and the "restrictive covenants iwas to ensate the exclusion from Shameen of all persons, Chinese or other, who were not subject to British jurisdiction and control in China; and upon that basis T have decided No doubt has been suggested against the bona-fides of the trans-tasked that the Bank of East Asia Limited, as assignee under an Indenture' of August 4, 1923, of Lot No. 57 B. in the British Concession fof Shameen, ig entitled to have the transfer to it of that Lot made in the books kept for the purpose in H.B.M, Consulate-Geneval at Canton.

Avd, if it be necessary, an order inthe nature of a mandamus must

Text read from the printed page and cleaned; old type leaves the occasional error.

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