I have substituted $5,000 for £500 on the suggestion of the Chief Justice who thinks that the right to appeal ought not to fluctuate with exchange.
Clause 3 of the draft Rules has been eliminated. It has no application in Hongkong as under the existing conditions the Chief Justice has a casting vote and under the proposed new Court of Appeal the decision of the majority (2 Judges) will prevail.
Clause 3 (Clause 4 of draft Rules).
The Chief Justice thinks that 14 days, the time prescribed by the existing Order, is long enough and I have at his request provided for 7 days notice of the intended application.
Clause 4 (Clause 5 of draft Rules).
I have substituted $5,000 for £500.
The existing Order provides for security of £300 and I doubt if that is sufficient but it is a matter on which there should be uniformity throughout the Colonies.
As to the marginal note in the draft Rules the existing Order limits the period to "within three months from the date of the Petition for leave to appeal".
Clause 5 (Clause 6 of draft Rules).
The draft Rule does not apparently provide for security being given by the appellant if execution is suspended as is provided for in the existing Order and I have inserted words to meet it. On this the Chief Justice writes "I agree, it is difficult to see why this case should not also be provided for".
Clause 17 (Clause 18 of draft Rules).
I attach an extract from a letter of the Chief Justice to His Excellency the Governor hearing on the procedure for final leave to appeal and to meet it I drafted an amendment of this clause.
I attach the draft amendment and my remarks made thereon, Feb.