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THE PUISNE JUDGESHIP. FAREWELLS TO MR. JUSTICE WISE: CONGRATULATIONS TO MR.
JUSTICE GOMPERTZ,
The Puisue Judge (Mr. H. H. J. Gom- pertz) on the 19th inst, received congratulations from the practising solicitors on taking his seat in the Supreme Court.
Mr. Hastings said that his Lordship would allow him on behalf of the solicitors practising in the Court to offer his Lordship their sincere congratulations on his appointment as Paisne Judge of the colony. His Lordship's tenure of the acting appointment had demonstrated the fact that he possessed a judicial mind, if the speaker might say so, and was firm in the administration of justice. His Lordship's prede- cessor was a man in a thousand, who was highly respected as a judge and beloved by many of them as a friend, and they rejoiced that his mantle had fallen on the shoulders of Mr. Gompertz. The traditions of the Bench were high and he was sure that his Lordship would worthily uphold them.
His Lordship, in reply, said he need hardly say that he was deeply touched by the very kind remarks which Mr. Hastings had made and which were wholly undeserved. He had experienced nothing but kindness and assistance from the members of the profession and he hoped that they would continue to afford him that help in the somewhat difficult tasks that sometimes fell upon a judge in this court. He appreciated the very kind, though undeserved, compliments all the more as he had reason to know of the very high standard of the profession.
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An interesting ceremony took place at the Supreme Court on Mar. 22 when His Honour the Chief Justice called together members of the legal profession to bid farewell to Mr. Justice Wise, and to congratulate Mr. Justice Gompertz on being appointed his successor. Mr. A. Seth, L8.0. Registrar, and Messrs. (G. A. Woodcock and C. D. Melbourne, Deputy Registrars, were seated in their assigned positions, while at the bar were Sir Henry Berkeley, K.C. (Acting Attorney. General), Hon. Mr. H. E. Pollock, K.C., and Mr. H. G. Calthrop. In the body of the Court were Mrs. Gompertz, Mrs. Pollock and the following members of the junior bar-Messrs. F. B. L. Bowley (Crown Solicitor), H. L. Dennys, Sen.. H. L. Dennys, Jun., C. D. Wilkinson, E. J. Grist, S. W. T80, 0. D. Thomson, P. M. Hodgson, A. Jackson, C. F. Dixon, P. Syden- ham Dixon, F. P. Hett, Crowther Smith, J. H. Gardiner, A. Daniels, F. X. d'Almada e Castro, Leo d'Almada e Castro, Otto Kong Sing, H. K. Holmes, F. C. Barlow, P. W Goldring, Reader Harris, Bulmer Johnson, H. G. C. Bailey, J. Scott Harston, F. B. Deacon and G. H. Wakeman (Official Receiver in Bank- ruptcy). The staff of Court interpreters, and the ushers and bailiffs were also in attendance.
THE HONGKONG WEEKLY PRESS AND
The CHIEF JUSTICE-Mr. Attorney, I have asked you and the members of the Legal Pro- fession to meet us here to-day, not to bury Caesar but to praise him not to pronounce & funeral oration on a departed friend, but to say a few words of farewell to-day to one of the small minority who retires to rest from his labours whilst yet enjoying moderately good health, and one whose name, we hope, will, for, many years to come, grace and embellish the list called the Pension List. It may seem presumptuous on my part to speak to the many who have known very much longer than I have done of the virtues of our friend Wise. But in the intimate relations which must exist between judges who have to work together, I came to know him very well, and I never knew one whose name by clance and whose instinct by nature better fitted him for the perform- ance of the duties of a Justice of this Court. I knew him, as many knew him, as very wise, Suitors found him very summary, and indeed, the affectionate name of Summary Wise was almost inevitable. He was so summary in his methods that he himself was often astonished to find how sound he was. We come here to-day as well to welcome the coming as to speed the parting Judge, and I think the occasion is fit- ting to say a few words I have in my mind with regard to the Court in this Colony. The port of Hongkong, claims to be the premier port in the world, and in like manner I think the Court
of Hongkong ought to claim the premier position among the Courts in His Majesty's dominions over sea; for here the East kisses the West and men of many nationalities flock and throng through the wide open door to see if something is not to be made out here; hence many disputes involving curiously complicated questions of law. Here, indeed, is a very hotbed of conflicts of law. Unlike our professional brethren elsewhere, who have somewhat attenuated theories to deal with, we have here to meet them face to face, to deal with them practically, in order to maintain the very high position which this Court ought to maintain.. That is the duty and must be the constant endeavour of every Judge who sits upon this Bench; and I know from the past that in the future every Judge will be ably seconded by both branches of the Legal profession. To no one does this duty appear more a pleasure, or this endeavour more constant than in our good friend Gompertz. It seems to me that he really revels in unravelling knotty points of law. Well fitted and well chosen, he to-day takes his position permanently as a Judge of this Court, and I know I am right in saying that the Colony most cordially welcomes and approves his promo- tion. For myself I shall only say this: that I have never perhaps heard of an appointment, save perhaps one which His Majesty was pleased to make some four years ago, which has given me greater pleasure.
Sir HENRY BERKELEY-May it please you, my Lord. The Bar and the entire profession echo the sentiments and expressions of regret and appreciation regarding Mr. Justice Wise which have fallen from you, my Lord, the Chief Justice. Mr. Justice Wise, during the long tenure of the high office which he held with such distinction for many years, discharged the important and responsible duties of that office with marked ability. To the last he possessed the absolute confidence of all who appeared before him, which, added to his kindly nature and genial disposition, made him not only highly esteemed by the whole profession, but caused him to be regarded with feelings of affection deep and true. My Lords, we regret that the ties which so long bound us to that learned, able and conscientious Judge have at last been severed. My Lords, the Bar desire to offer their congratulation, and the members of the legal profession generally join therein, to his Lordship Mr. Justice Gompertz. We believe that he will worthily follow in the foot- steps; of his distinguished predecessor. We desire respectfully to add this assurance that the announcement of the appointment of Mr. Justice Gompertz to fill the high office vacated by Mr. Justice Wise met with the complete satisfaction of the entire profession. I speak on behalf of the whole bar.
The CHIEF JUSTICE--The solicitors have a right of audience to-day.
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Mr. DENNYS-My Lords, I did not expect to speak on this occasion as I understand that the Attorney-General was speaking not only on behalf of the Bar but of all the solicitors. But as your Lordship has kindly notified that I address the Court I shall, as perhaps the oldest solicitor present, say that I have known Mr. Justice Wise since his arrival in the Colony. He was then clerk to Chief Justice Phillippo. Shortly after that he was called to the local bar and practised as a barrister. I think I may say I am the only solicitor here who ever gave Mr. Wise a brief as a barrister. I instructed him at Canton in 1883. Since then I have been before Mr. Justice Wise as Magistrate, I was before him when he was Registrar. I was working with him to a certain extent while he was Attorney-General, and, of course, I was before him many, many times in this Court while he pre- sided over it as successor to Mr. Justice Snowden. My Lord, we had the greatest respect for Mr. Justice Wise as a conscientious lawyer, and socially we had a love for him which is very seldom felt between members of the profession and the president of the Court. I will not take up time by saying anything further as to Mr. Justice Wise. As to Mr. Justice Gompertz he has been long enough here for us all to know him well, and I may say on behalf of the solicitors that we were delighted when we heard of his appointment as successor to Mr. Justice Wise.
Mr. Justice Gompertz then took his stand to the rear of the Chief Justice, while Mr. A. Seth read the commission as follows:-
(March 29, 1909. -
F. D. LUGARD, GOVERNOR. EDWARD by the Grace of God of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the seas, King, Defender of the Faith, Emperor of India;
To our trusty and well beloved Henry Hessey Johnston Gompertz, Esquire, one of our Counsel learned in the law.
Now, know you that we taking into considera- tion your loyalty, integrity and ability, of our special grace, certain knowledge and mere motion, have thought fit to .constitute and appoint and do hereby constitute and appoint you the said Henry Hessey Johnston Gompertz to be Puisne Judge of the Supreme Court of our Colony of Hongkong and its Dependencies, from the twenty-first day of March, 1909, inclusive, to have, hold, exercise and enjoy the said office and place during Our pleasure with all the rights profits privileges and advantages thereunto belonging or appertaining, provided always that you the said Henry Hessey Johnston Gompertz do actually reside within our said Colony and do not quit the same without the previous permis- sion of Our Governor of Our said Colony, or of such person as may, for the time being, be charged with the Government thereof: And also that you execute the said office in your own person, except in case of sickness or other in- capacity, and do in all other matters and things perform the duties thereof in a discreet and orderly manner.
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In testimony whereof we have caused these our letters to be made patent and to be sealed with the public seal of Our Colony aforesaid.
Witness our trusty and well beloved Fre- derick John Dealtry Lugard, Knight Com- mander of the Most Distinguished Order of St. Michael and St. George, Companion of the Most Honourable Order of the Bath, Com- panion of the Most Distinguished Order. Governor for the time being of Our said Colony this twenty-first day of March, in the year of Our Lord One thousand nine hundred and nine, and in the ninth year of Our reign.
By command,
F. H. MAY, Colonial Secretary.
Mr. Justice GOMPERTZ, on resuming his seat, said—Mr. Chief Justice, Mr. Attorney-General, Mr. Dennys, I can only say I thank you with all my heart for those very kind words.
The Court then adjourned.
THE FLOGGING OF CRIMINALS IN HONGKONG.
The Japan Mail asks :-
Is it really necessary, we wonder, to add flogging to imprisonment in punishing Chinese criminals? So long as we can remember, the practice in the Hongkong Supreme Court has been such, and though occasional pro- tests have not been wanting, the thing has gone on without interruption. The present Chief Justice, Sir Francis Piggott, is just
the
man to put a stop to the custom if he deemed that public morality would be served by so doing. Usage would count for very little in his eyes. Yet he shows no sign of a disposition to abandon the custom. On the 24th of February his Honour sentenced no less than 7 men to be whipped in addition to long terms of imprisonment. It seems to us, and it must seem, we think to all who pause to think, that by thus taking up and applying in a British Court of law a practice which figures among the recognised abuses of Chinese Courts, either the latter are justified or the former is degraded. English criminals are no longer flogged, be
cause
it is clearly recognised that such treatment fatally breaks down a man's self. respect and correspondingly diminishes his chances ever again becoming a respectable mem- ber of society. The penal tribunals thus become destructive of morality instead of constructive.
Does a Chinaman's self-respect belong to a category of lighter qualities? Is he such an inferior order of being that his sense of shame is not impaired by treatment which reduces an Englishman to despair? If so, then we have no right to preach reform to the Chinese; no right to attack them on the ground that their laws are bad and their judiciary worse. They can answer simply, our laws suit us, and so does our method of administering them. You your. solves show by your practice that you do not esteem us worthy of better things.' "