Hongkong. 172
30th May, 1879.
loverun
John The Denneha
Rome
Jennery,
کا ہے
Yes Right Honorable
Sir Michael Hicks Beach,
the
Transmetting Report of
Commission Supreme Court -
(3 Anclames)
Hougtong-
"Daily Press"
THE SUPREME COURT.
Press 30th May, 1879-
His EXCELLENCY-I also felt it necessary to inquire into another subject, namely, the practice and procedure, respecting the receipt, oustody, and disbursements of all monies and valuable securities in the hands of officers attached to tho Supreme Court. That committee was appointed also in September, 1878, and I am happy to say that the commissi nors who were good enough to investigate that important subject have taken very great pains with their work. Owing to the iliness of the Attorney-General, and also the illness of Mr. May, the report is signed only by two commissioners, namely, Mr. Jackson and Mr. Wotton, but it is a report which I think will carry with it the public opinion of the Colony, and I bave already been able to ascertain that His Honour the Chief Justice coincides in the main with the recommendations of the Commis- sioners. fnood not enter now into the causes which induced me to issue this commission, nor is it necessary for me to describe at any length what the commissioners found the state of things existing to be. They say that the cash ao- counts iu thirty-one estates in bankruptcy were ander the control of one person, and bad never
boon balanced, that in many cases the balance. of estates had disappeared, that in several estates thore had been overcharges of com- mission, that in one estate, under the charge of Mr. Huffam's predecessor, there had been over $1,000 overcharged, that in certain estates Mr. Haftara had charged commission on money never received. They say there are numerous instances of the overcharge of commission and other serious errors. They say that in ordinary bankruptcies a very eminent book- kooper examined before them found the accounts in a very confused state, so much so, that it was almost impossible to make anything of them, and that as a rule there were no papers fled with the estate. They referred to other incidents in the conduct of those officers of the court which certainly no one can read without very much regretting. They say that not only have there been grave irregularities in the accounts, but that in some instances estates that should have been wound up ten years ago remain to the present day msettled; that it is very clear there has boon no check upon any officer, but that a most lax practico has existed in the Supreme Court in respect of the conduct of business. They say that through the courtesy of the Chief Justice the commission were able to peruse some long and valuable lotters writiou by His Honour at different times, and these letters are printed in the appendix. The Com- missioners consider that they should be per used in connection with the report. The Commissioners then proceed to make a number of recommendations, and I will only inform the Council that on the day I received the report, seeing at once the extreme gravity of the facts disclosed, requested my hon. friend Mr. Marsh, wh is our Colonial Secretary and Auditor. Goueral, to confer with the Attorney-General and draw at ouce a draft of instructions which it might be necessary to issue without soy further delay, whilst some of the other re- commendations of the commissioners might be receiving more mature consideration. The con- sequence was that on considering the instruc tions so drawn up I directed a letter to be writ. ten to His Honour the Chiet-Justice and his colleague, the Acting Puisne Judge, and a few sentences from that latter will let the Council i i know what has been done.-His Excellency then read the letter, which was to the effect that His Excellency bas decided on the strong recom- mendation of the Chief-Justice and the Acting Paisne Judge, that Mr. Bart be relieved from all court duties and that he should be provision- ally appointed to act as accountant, and that be should be in charge of the duties mentioned by the commissioners in paragraphs 3, 4. and 9, of the report. Mr. Barff would therefore relieve Mr. Plauket of a part of his duties and re- ceive the same salary as at present. His Ex- celloney had also decided to appoint provision. ally Mr. Saugster and Mr. Mossop, to be Deputy Registrars, in addition to their previous duties: that the Chinese shroff should be relegated to to the accountant's department, that all monies
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received should be lodged in the bank to the credit of the Government, all payments be made by order on the Treasury, and that the accounts should be audited monthly.
The CHIEF-JUSTICE-It was with very great satisfaction that I received this letter, bonause I think His Excellency will believe and must have seen that in point of fact it carries out the view which Mr. Francis and I had with some care eliminated after seeing this report, but in point of fact the report itself gives me the greatest satisfaction, because it throughout refers to my frequent request for action in the! matter of the officers and the business of the i Supreme Court. From the time of Mr. Alex.: andor's death to the present I have urged the f reconstruction of the affairs of the office and with { what success the public is now well aware. My letters, at least some of them, are here, but the most important parts of these letters cannot now be found. Referring to very delicate matters, I kept no copy, and wrote my own letters to the successive Governors. The commissioners i bave stated that they eutirely agree with my! I propositions, excepting some small minutia. I had always had a sort of sensitive feeling about the accounts and state of the fonds. but, as it is well known. I have no power in that office.
A here is no officer in that office who has to look to me for promotion or anything else. I have ¡ some power just to apportion the duties, and when I attempted to do that in Mr. Alexander's time it was said I was interfering beyond my duty, which was judicial and not connected with the detail of that office. Years before the late catastrophy I had given expression to my views! that unless something was done there would always be the risk of a catastrophy, but certainly no one expected the catastrophy which occurred. With regard to Mr. Alexander himself, I cer tainly did not very much admire him as a public officer; he was a great deal too indepen- dont for me; I could never get any e atrol over that fee, but I believed him at the time to be the best officer in the colony. I don't agree with the views that were put forward on a one-sided consideration of the matter with regard to Mr. Alexander, for whom I always had great respect, though. perhaps, not much personal liking. With respect to a man who is dead and unable to defend himself, same of the evidence I would rather should not have appeared in that paper. Now, with regard to the audit, there was origin- ally an audit by the Auditor General, bati Mr. Rennie ont as off and told us we were to audit our own asoonnte. I found that out just before I left for home, when Mr. Huffam told me that Mr. Rennie had said so. I quite agree with all the recommendations hy the Commissioners. I cannot say I do concar in all their findings, because that is a matter as to which I have not had sufficient information, but from No. 1 to 13, I don't dissent from anything. They say they are my views only rather modi. fied. The moment I saw this letter I thought the time had come to make a very respectful appli cation to His Excellency to carry out the views expressed. The way in which His Excellency has met that request certainly calls for my very warmest thanks, beaanse now I do feel that, with the order His Excellency has given, we shall be able to carry out the proper management of the business, and it will be between the auditor and the officers if there is the slightest error in the so- counts. I remember telling Mr. Planket when he came bore that four times my present salary would not induce me to become Registrar. I would loose the situation within six months certain. I am not an accountant, it is no part of my education to be an accountant. A Judge. it has been said, onght not to know that two and two do not make five. His Excellency has stated in the letter that whatever is now done shall be provisional and experimental ouly, so that if in the working out of this matter. anything is found to go wrong we shall be able to work without any rosted rights or interests created until we come to a very clear under- standing of how these things are to be done.--- His Honour then went into the details of the new arrangement, only taking exception to the now regulation as to the shroff, who he thought was wanted in the Summary Jurisdiction Court.