404
The COLONIAL SECRETARY seconded, and the motion was agreed to.
FIRE INSURANCE COMPANIES ORDINANCE
AMENDMENS.
The ATTORNEY-GENERAL moved the first reading of a Bill entitled An Ordinance to amend The Fire Insurance Companies Ordinance 1908.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
INTERPRETATION ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL moved the first reading of a Bill entitled An Ordinance to amend The Interpretation Ordinance 1897 and to remove an ambiguity in the construction of the same.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
COMPANIES ORDINANCE AMENDMENT. The ATTORNEY GENERAL moved the first reading of a Bill entitled An Ordinance further to amend The Companies Ordinance, 1865.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
THE TRAMWAYS ORDINANCE. The ATTORNEY GENERAL-With regard to the next order which stands in my name. Com. mittee on the hill entitled An Ordinance for Authorizing the Construction of a Tramway within the Colony of Hongkong, it is not proposed to proceed with it to-day.
His EXCELLENCY-The Council stands ad journed until next Thursday.
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held, the Colonial Secretary presiding The following votes were passed :-
PUBLIC WORKS EXTRAORDINARY.
The Governor recommended the Council to vote a sum of Five thousand Dollars ($5,000) in aid of the vote, Public Works Extraordinary, Miscellaneous, Blake Pier Shelter.
MISCELLANEOUS SERVICES.
The Governor recommended the Council to vote a sum of one thousand seven hundred dollars ($1,700) in aid of the vote. Miscellaneous Services, Stationery.
The Governor recommended the Council to rote a sum of Eighty-six thousand five hundred forty-seven Dollars and sixty cents ($86.547.60) in aid of the vote, Miscellaneous Services; for the following items:-
Indian Police Remittances. Cancer Research Fund. Tropical Diseases Research Fund, Department of Chinese in London
Üniversity.
Imperial Institute.
$ 7.600.00
35.60 118.65
35.60 237.30
Redemption of Subsidiary Coin, 78.520.45
Total $86.547.60
THE HONGKONG WEEKLY PRESS AND
POLICE AND PRISON DEPARTMENTS. The Governor recommended the Council to
vote a sum of Two hundred and eithty-fire Dollars ($285) in aid of the vote. Police and Prison Departments. A. Police. Personal Emoluments, Captain Superintendent. House Allowance.
www
TYPHOON DAMAGĖS.
The Governor recommended the Council to rote B sum of Sixty-one thousand Dollars ($61,000) in aid of the vote. Public Works, Recurrent, Miscellaneous, Typhoon and Rain- storm Damages.
THE
CONSTITUTION
OF THE HONGKONG APPEAL COURT.
INTERESTING CORRESPONDENCE BETWEEN THE CHIEF JUSTICE AND THE GOVERNOR.
The following correspondence was laid before the Legislative Council on the 3rd inst. :-
Chambers, Supreme Court, Hongkong, 25th September, 1908. SIR-I have read the remarks which Your Excellency made in Council on Thursday last on the subject of the third Judge with surprise and regret; and I must enter a very respectful but emphatic protest against Your Excellency's view as reported in the newspapers, that ** the existing Appeal Court must necessarily be a farce. and that this view is supported by the Chief Justice. The public expression of such a view is calculated to do the gravest harm to the prestige of the Supreme Court in the eyes not only of Europeans but also of the Chinese.
2. That the constitution of the Appeal Court is extraordinary in so wealthy a Colony as Hongkong is a fact which I have always admitted that it deserves the strongest hostile criticism, may also be conceded. But that is a very different thing from saying that it is a farce; for this implies that the Chief Justice is obstinately tenacious of his own opinions, and that he will never change them whatever new arguments may be advanced on the appeal. Such an idea is contrary to the high-and they are very high-traditions of the British Bench to which I have the honour lo belong.
3. I know that the idea te which Your Ex-
cellency gave expression was current in the Colony, and I took occasion some time ago in Court to say that the constitution of the Appeal Court being what it was I conceived it to be my duty to make the best of it, and I assured the profession that I came to the hear. ing of an appeal with a mind absolutely free and treated it so far as possible as a new case. Only recently I said with the same object in view that a Judge is always assumed to have the honesty necessary to reverse his own deci sion if, on further argument. it is shown to be wrong.
A second argument often puts things in a new light, and points often occur to one which did not present themselves on the first. A second argument and a second judgment up.
The COLONIAL SECRETARY explained that this vote represented the excess on the provision of $36,000 in the Estimates for Redemption of Sub-coin. The total sum was therefore $114.620. It represented the loss on redemption of the sub-holding the first may lead to a clearer appre- coin withdrawn from circulation during a period of 16 months and on sale of a quantity sub-coin to the face value of $274.000 odd not issued and now sold.
NOW
Hon. Mr. GRESSON asked if the sum vated would increase the estimated deficit at the end of the year.
The COLONIAL SECRETARY said it would.
vote
PUBLIC WORKS RECURRENT
The Governor recommended the Council to a sum of One thousand four hundred Dollars (1,400) in aid of the vote. Public Works, Recurrent, Miscellaneous Services.
BOTANICAL AND FORESTRY DEPARTMENT. The Governor recommended the Council to vote a sum of nine hundred dollars (8900) in aid of the vote, Botanical and Forestry Department, other charges, for the following items:-
Forestry in New Territories Tree planting
400
ciation of the law. and prevent an appeal to the Privy Council. Although it has not hap- pened up to the present that I have had occasion to reverse a judgment I have given, on minor points I have frequently had occasion to change my views, and I can quite conceive the pos- sibility of my doing so on a crucial issue.
4. I am at the present time engaged in pre- paring a judgment on an important appeal: it took many days to argue in the Full Court; the writing of the judgment will probably take 10 day, and though I am now half way through I full mornings work, of at least four hours a
have not the remotest idea what the ultimate It is not impossible that judgment will be. this judgment may prevent the case going to that when so much care is given to appeals the Privy Council. Your Excellency will agree
the word "farce is hardly applicable; and it is the more unfortunate that such an expression of opinion should have fallen from Your Ex- cellency while a judgment in an appeal case is pending. I must confess that I should not like EDUCATIONAL VOTES.
to deliver a judgment even on a small matter The Governor recommended the Council to which was deemed to be given in farcial condi- vete a sum of Two hundred Dollars ($200) in aid tions. I think therefore that Your Excellency of the vote, Education, other charges, Belilios; will not hesitate to remove the impression which Public School, Anglo Chinese Side, Language Bonus.
Total,
$500
$900
must have been caused by the remark at some future sitting of the Council.
|
{December 7, 1908
5. The report of. Your Excellency's speech also says that you have, like Your Excellency's predecessor, found the general opinion to be that except for the purposes of an Appeal Court, a third Ĵudge is not immediately required. I think it my duty to point out to Your Excel. lency that I know no one who is familiar with the working of the Court who is of that opinion. The fact is that the pressure of the last few months has been so great that we had arrived almost at breaking point, and this is by no means the first time. If I had been laid up for even 2 days with influenza, the whole work of the Court would have been dislocated to the great inconvenience of suitors. I can only add that I was in hopes that the Government. would show some slight consideration for myself.—I have &c..
F. T. PIGGOTT,
Chief Justice..
His Excellency
Sir Frederick Lugard, K.C.M.G.,
Governor of Hongkong.
++
Government House,
Ft
Hongkong, 26th September, 1908. SIR-In reply to your letter of yesterday's date I have the honour to inform you that I did not use the word farce in connection with the existing Appeal Court of this Colony. spoke deliberately and I am correctly reported by the South China Morning Post as having used the word unsatisfactory." I was so anxious to make it plain to the Council that I intended no reflection whatever upon the Court, but only criticised its constitution,-in the way you have yourself criticised it, that I added further explanatory words (which have been omitted by the Reporters) to the following effect: It is no less unsatisfactory to the
+1
•
Chief Justice himself than to litigants for if he reverses his, former decision after hearing fuller evidence, more especially if this should occur more than once he may lay himself open to the innuendo that he does not know his own mind, or that he is influenced by his Junior. If on the other hand he confirms- his former decisions it may be alleged that the Appeal is a farce.
These as near as I can recollect are the precise words used by me in this connection. I think Your Honour will agree with me that it would be difficult to select words which would more completely dispose of the interpretation conveyed in your second paragraph.
The only authentic report, the Colonial Hansard, has already been revised in this sense. I regret to note from the last sentence of Your Honour's letter that you still remain under the erroneous impression which I have so frequently. and with such apparent ill success, endeavoured to remove, that the Government is disposed to show no consideration towards yourself. I hare. &c..
His Honour the Chief Justice.
F. D. LUGARD,
Governor, &o.
Chambers, Supreme Court,
Hongkong. 29th September, 1908. SIR. I am much obliged for the courteous information conveyed in Your Excellency's letter of the 26th instant informing me of the actual words used by Your Excellency in your speech in Council on the subject of the con-
stitution of the Full Court. The China Mail and the Daily Press reported it in the way in which I referred to it in my letter; and it seema to me probable that the reporters jumped from the beginning of Your Excellency's remarks to the end. seizing on the words " the appeal is a
to farce"
as making good copy. I much regret inform Your Excellency that the words open to actually used in your speech are the BUTE objection that I have already expressed to Your Excellency, and are tirely at variance with the traditions of the Bench. No one who is familiar with the work of a Judge could suggest that if after hearing fuller evidence in a case or in several cases, the Chief Justice reversed his former decision he did not know his own mind, because it may be precisely this faller information (which on appeal is fuller argument, and rarely fuller
on-
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