7119
Ur Cox
There's some doubt as to us
difficulty
This O is only concerned with the Supreme
Court of Hong Kong
as the Court of Appeal for Wei-hai-wei.
But the Supreme Court of Hong Kong
as a Court of Appeal,
of
35, 35, 36,
must necessarily be the "Full Court" (Sec 5.15 Supreme Court Ordinance 1870, and Sec 5.41 of the Civil Code 1901)
Thefore appeals from Wei-hai-wei must be heard by the "Full Court" as defined by S.2.
J.S.R. 24/11
Refly asking for further explanations
pointing out
that the draft
above
Hardly exists
observing
part of the letter that under Sec 5 of the Wei Hai Wei Order in Council the Supreme Ct in respect to the hearing of appeals on that
there seems
if necessary
in any
make
no reason
rule, with
why this course
should not be adopted.
At once
HB C 3 hor
No
Sir,
PRINTED
FOR USE
EASTER
No
25
COLONIAL OFFICE
07119
Per 24 OCT 01
Government House,
Hongkong,
18th September,
1901.
I have the honour to acknowledge the
receipt of your Despatch No. 255 of the 2nd ultimo, and to
inform you that the Acting Chief Justice has drawn attention
to the fact that the term "Supreme Court" in Part I Section 2
of the Weihaiwei Order in Council means His Majesty's Supreme
Court for Hongkong, which probably means, if strictly inter-
preted, merely one Judge (See Section 2 of Ordinance 5 of
1901.)
2.
If it was intended to make the "Full
Court" the Court of Appeal from the Weihaiwei High Court, it
would appear that an amendment in the Order in Council would
be necessary providing that appeals from Weihaiwei shall be
heard in the "Full Court".
I have the honour to be,
Your most obedient
Humble servant.
Henry Arthur Blake
Governor,
* No. 26411.
To
THE RIGHT HONOURABLE
JOSEPH CHAMBERLAIN, M.P.,
...