COPY.
Enclosure 2 A
Report of the Attorney-General on the draft Order in Council regulating Colonial Appeals to His Majesty in Council.
6286
IREC
Rece 20 FEB 09
63
The Confidential Circular Despatch of the Secretary of State of 27th August, 1908, requests that a draft "Order" may be submitted so I have inserted a preamble following former precedents but inserting the words "with a view to the extension of uniform rights of appeal to all the subjects of His Majesty in his Colonies and Dependencies" which are based on the terms of the Resolution of the Colonial Conference (see "Introductory Note").
Clause I. Definition "Court".
The constitution of the Full Court in Hongkong is about to be altered by the addition of the Judge of His Majesty's Court at Shanghai to sit in certain appeal cases and the Bill affecting necessary amendments in the Ordinances proposes that the New Full Court shall be styled "The Court of Appeal" as there is certain appellate jurisdiction left in the two Hongkong Judges who under the Bill will be styled "The Divisional Court". I would therefore submit that it is undesirable to bring this Order into force until the new Ordinance is passed.
I attach the draft of an alternative definition but I would respectfully urge that it is inexpedient to pass the Order until the appellate jurisdiction of the two Courts respectively is assigned by an Ordinance.
The scope of the definition has been extended so as to include appeals to the Supreme Court here under the " Weihaiwei Order in Council 1901.
Clause 2.
The Chief Justice has written a memorandum on this clause which at his request will form the subject of a separate despatch from His Excellency.
irked 'A'.
Feb. 2.