336
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position is therefore reduced to this - the sittings of the
Court of Appeal, are to be problemátical, and dependent on the
Judge of Shanghai and his other work. He may therefore be free
to come to Hongkong at a time when Hongkong does not require
him. Any uncertainty as to the time when the Court will sit
will render the scheme impossible.
Further I must point out it is quite out of
the question for the Appeal Court to sit from May to October.
That is the busiest time of the year, and it would be a most
serious thing to stop the sittings of the Original Jurisdiction
for a whole month during that period.
4.
The condition as to precedence of the Judge
of Shanghai imposed by the Foreign Office is most objectionable.
The Foreign Office a few years ago abolished the title of
Chief Justice for the Senior Judge of the British Courts in
China. It is now said that when he is sitting in Hongkong he is
to be treated as a Chief Justice although he is not one, and
precedence given accordingly, which may and will in the case
of Sir H. de Sausnares and myself (and the arrangement is only
to exist during the continuance of Sir H. de Sausmarez's
tenure of office) lead to his presiding in ry Court. If the
Judge of Shanghai had the rank of Chief Justice and his appoint-
-rent were of earlier date than that of the Chief Justice of
Hongkong, the question would be different. But even in this
case it should be left to be decided by the etiquette of the
Bench. This etiquette, as I understand it, would apply to the
circumstances contemplated in the following way:- If the Judge doming from Shanghai were a Chief Justice and senior in date of appointment, the Chief Justice of Hongkong would offer the presidency of the Court to him; and the Chief Justice of Shanghai in his turn would decline and request the Chief Justice of Hongkong to preside in his own Court. But the Judge of Shanghai is not a Chief Justice, and as the proposal stands,
I must
•
as it only concerns myself, personally protest against this suggested usurpation of my position as Chief Justice; and
in