If I should leave England later than the time above specified, I should necessarily steam down the Red Sea at the most unhealthy time and be subject to part at least of the Hong Kong hot season, and thus all the benefit I should have derived from the change to the Colony would most probably be destroyed whereas if I am permitted to leave at the date named I shall escape all the next unhealthy season.
The long Vacation in Hong Kong Commences on the 20th of September and on the 10th of November all proceedings are suspended and all Law officers usually leave the Colony. If I were to leave England on the date proposed, I should be on my voyage during a large portion of the Vacation and arrive in ample time to prepare for the large arrears of work in November.
I have now the high honor of having been named by you Chief Justice of Hong Kong and as such I respectfully acknowledge that my time to leave England be fixed as above named (September). I shall thus be able to avoid the whole of the unhealthy season and have sufficient time to make special preparations for the duties of my office, the responsibilities of which, in reference to human life, are certainly equal to those of any other Judicial functionary.
The duties of Chief Justice have been and are performed by the Puisne Judges, Ball and Adams, and Whyte during a period of many months, and I do not anticipate any disadvantage to the public service to arise from the delay asked for my assuming my Judicial duties.
I have the honor to be, Your very obedient and humble servant, John Smale
CO115/3