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I meant to put ib
Hong Kong - Daily Press
467
27th April 1880.
SUPREME COURT.
26th April.
IN ORIGINAL JURISDICTION. BEFORE THE HON. CHIEF JUSTICE, Sir JOHN SMALE.
KWAN KOI CHUNE AND OTHERS V. FONG SUI FENG AND OTHERS.
This being the day fixed by a decree of the court for the trial of certain issues in this suit,
the issues having also been fed by the decres, the special jurors summoned were in attendance. Mr. Ng Choy, instructed by Messrs. Sharp Toller, and Johnson, appeared for the plaintiffs, and stated that Mr. Hayllar, Q.C., his leader, was in Canton but was expected back in the afternoon. The Attorney-General (Hon. E. L. O'Malley) and Mr. Francis, instructed by Messrs. Brereton and Wotton, appeared for the defendants.
As the usher was opening the court in the usual and prescribed form, and when he came to that part of his speech where he calls upon "you good men who are summoned to try the issues
in this case," the Chief Justice sharply interrupted him, saying, "Stop, there are no issues yet; wait till you are told."
His Lordship next called for the Registrar (one of the Deputy-Registrars only being in attendance) and on that official's arrival a conversation took place between him and the judge which was only partially audible by those in Court. It appeared, however, that the Registrar wished one of his deputies to attend to the case, he having other business, but his Lordship said he ought not to have fixed his business for that day, and that as he had chosen to attend when the case was first before the court he must attend it throughout, as if the Registrar were changed the court was deprived of his assistance. Upon the Registrar making some reply, the Chief Justice told him he was not going to argue the matter, he (the Registrar) could walk out of court if he liked. The Registrar was heard to say something about having been in courts in Westminster, to which the Judge laconically replied, "Oh, have you?"
His Lordship then asked where they were in the case, and said he believed the first business was the appointment of a receiver. Had the parties named anyone?
Mr. Ng Choy replied that they had named a gentleman to the other side, but the defendants did not consent to him,
His Lordship then asked where the affidavits were, as it was for the court to judge.
Mr. Ng Choy said they had not filed any affidavit.
His Lordship-Have you anything to say, Mr. Attorney?
The Attorney-General-At present, my lord,
I have nothing to say.
His Lordship (rising)-Then this case can come on again on another summons.
The Attorney-General-Well, now I have something to say, my lord.
His Lordship-Oh no, not now; you said you had nothing to say.
The Attorney-General--My lord--
The Judge walked out, the Attorney-General vainly endeavouring to obtain a hearing.
The Judge's exit was followed by a general laugh from the bar and jurors, which afterwards gave way to indignant comment on what had occurred.
The Registrar followed the Chief Justice into his Chambers, and shortly afterwards returned into court and said the jurors need not wait; the Chief Justice said they would not be wanted now; but they were not discharged.
fully. Ment Hebro
7