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It would also be incompatible with efficiency in the administration of Justice to limit the stay of the Judge at Weihaiwei. He would have to stay until he had disposed of the business which had called for his attendance.
The difference between payments entailed from time to time by reason of the absence from his duties of one of the two Supreme Court Judges and the cost of a permanent third Judge would be comparatively small.
On the other hand the advantages derived by the Colony from having a third Judge would be great. It would then be possible to have a properly constituted Court of Appeal consisting of three Judges, a want which is now much felt.
At present an Appeal from the Chief Justice is in effect an appeal from him to himself: for where the Judges of Appeal differ the opinion of the Chief Justice prevails.
I therefore venture to take this opportunity to advise His Excellency to recommend to the Secretary of State to include Weihaiwei within the Original Jurisdiction of the Supreme Court of Hongkong and to strengthen the Supreme Court Bench by the appointment of a Third Judge.
24th. August, 1904.
(Sd.) H. S. Berkeley.