The Archive · 1935

Damages Disallowed

Regarding the subsidiary claim for damage, this Court finds that, in accordance with Articles 2 of the Procedure of the Administrative Court, the Government is only liable for damages when the rights of cllizens ere: injured by its unlawful facts. In this case, this Court finds that the defendant rendered a dec!~ sion in accordance with the pr cedure of law and that the rights of plaintlfs are in no way injured. With this in view, the question of damages does not arise. The Plaint-sign for damages Is not well founded.

Tu conclusion, this Court finds that the first part of the plaintiff petttion is reasonable and that the other part is unreasonable, and therefore this Court gives its Judgment as set forth above in accordance with Article 21 of the Law of Procedure.

'The decision is signed by Chief 'Justice Mao Chu-Chuan and Judges Wong Wel-san, Mel Kwang-sel, Wong 'Teze-ting. and' Soo Chao-ziang.

Counsel for Messrs. Coats and Clark Ca, were Messrs. L. C. Yang. K. W. Chang. and S. ¥. Yeh.

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

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