c.o. Ref: CSB 157/158/01
CIRCULAR 12/53.
Sir,
COLONIAL
OFFIC
15/3
DESPATCH
THE CHURCH HOUSE,
GREAT SMITH STREET,
LONDON.S.W.1.
5th January, 1953.
COLONIAL LEGAL SERVICE
I have the honour to inform you that consideration of the replies to my circular despatch of the 26th May last regarding practice by retired Colonial Judges before the Courts of a territory in which they have sat on the Bench, has shown that the form of condition suggested in paragraph 5 of that despatch does not satisfactorily provide for cases where the territorial jurisdiction of a Court such as a regional Court of Appeal is extended after a Judge has retired or ceased, on transfer to another post, to be a member of the Court.
2.
I have therefore decided that the formula should be restated as follows:- "the person appointed to a Judgeship will never, without the consent of the Governor of the territory concerned or the Secretary of State
(a)
(b)
practise in any territory in which a Court of which he has been a Judge had jurisdiction while he was a member of the Court; or
practise in any territory to which after he has ceased to be a Judge of any Court, the jurisdiction of that Court has been extended, unless such extension became effective after the date on which he commenced to practise and was not, to his knowledge, in contemplation at that date"
I shall be obliged if action may be taken accordingly whenever an offer of appointment to a Judgeship is made in the territory with which you are concerned.
3.
This circular has not been addressed to the Governments of Antigua, Montserrat, St. Kitts and Nevis,
/the