CONFIDENTIAL
Hongkong.
Objection to the appointment of
...
mer Wise absence from duty we fall to the ground. It does not mean this, it will be possible for a judge to take 3 months leave and stay in the colony—though only because the appointment of an acting Judge. But I suppose Sir H.B. assumes no such case.
That "absence means in practice absence from the Colony", and that is the usual construction placed upon "absence" as to Crown Officers of this Colony is accepted. As I think it must be, it is impossible to appoint a substitute for P.J. whilst he is in the Colony, and consequently the question whether Wise can be appointed acting A.C.J. does not arise.
The words "absence" in sec 10 (2) were held to...
Its clearly cannot mean absence from duty as P.J.A.
The last-mentioned question would depend upon the construction of sec 11 of the Order. I am not quite sure of the significance of the words "not authorized by law" but the general intention of the section seems clear, and I think it precludes the appointment (whilst absent from duty).
I concur in Sir H. Berkeley's dictum.
Whatever the meaning of "absence" (and I do not think that it need or should be confined to absence from the Colony) the objection under sec 11 is fatal. I have not authorized them. Experience shows that a Judge is not a bridge to fire, nor is he required to perform duties in any other office.
...
Government House, Hongkong, 15th October, 1906.
Referring to the 2nd paragraph of my Confidential Despatch of the 9th instant in which I stated that on the retirement of Sir Henry Berkeley I was appointing Mr. A. G. Wise, Puisne Judge, to act as Attorney-General and Mr. H. H. J. Gompertz, at present serving as First Police Magistrate, to act as Puisne Judge, I have the honour to transmit a copy of a letter dated the 12th instant from Mr. Wise and of a minute dated the 15th instant from Sir Henry Berkeley, raising technical objections to the former acting temporarily in the place of the latter on his retirement.
2. I am somewhat doubtful as to the soundness of the point raised especially as it was not brought up on the previous occasion on which Mr. Wise, who was then Puisne Judge, acted as Attorney-General between the 1st April and 24th June, 1902, but in the face of so definite...
THE EARL OF ELGIN, K.G.,
&c. &c. &c.
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