Hongkong than in other British Possessions
The Lord President directs me to state, for the information of the Earl of Kimberley, that the power of granting special leave to appeal is one of the high prerogatives of the Crown which is expressly reserved to Her Majesty, Her Heirs and Successors in all Charters of Justice and similar Instruments.
It is a discretionary power of the highest importance, and the Lords of the Council, who advise the Crown to exercise it only on strong grounds of Public policy or interest, would be most unwilling to delegate such a power to the Colonial Courts of Justice.
It is highly undesirable and vexatious to suitors to multiply the facilities of Appeal for amounts below the appealable value, and such a discretionary power might be open to great abuse.
If conceded to Hongkong, it must be extended to all the Colonies.
There is nothing now to prevent a judge from expressing his opinion on whether a Case is a fit subject for special leave to appeal and allowing Copies of the Record to be sent home, under seal, for the purpose of making an Application to the Privy Council; and this Course is occasionally taken. When this is done, there is no additional Colonial expense or delay whatever. The Application can be made as soon as the Papers arrive in this Country and the same Papers may be used (with due permission) in the Conduct of the Appeal Counsel to make.
The power of suspending the execution of Decrees or judgments for the purpose of allowing time for an application to be made to the Privy Council...