Report of the Attorney-General on a Bill to amend the constitution of the Supreme Court of Judicature of the Colony.
C.O. 6733
RECR(REG: 24 Feb 09)
The object of the Bill is to provide for the appointment of a third Judge to sit in appeal cases consequent on the arrangement made for the Judges of His Majesty's Court at Shanghai to visit Hongkong for this purpose in lieu of the appointment of a Third Judge on the permanent establishment of the Colony.
The Bill necessarily provides for a dual appellate jurisdiction and as under the existing Ordinances the term "Full Court" applies to the two Judges of the Colony I have deemed it expedient to term the New Appeal Court "the Court of Appeal" and the existing Full Court (consisting of two Judges) "the Divisional Court".
Clause 3.
The words "a Judge of His Britannic Majesty's Supreme Court of China and Corea" are used as I apprehend it is undesirable to confine the duty to the Chief Judge only.
Clause 6.
The two dates 4th January and 4th July are suggested by the Bar as being the most suitable but having regard to the fact that one of the Judges will not be resident in the Colony I have made these dates "subject to any arrangements which may be from time to time made by mutual arrangement between the Judges" but I should however add that the leaders of the Bar strongly urge that the dates should be definitely fixed and it certainly would be undesirable to alter them except for cogent reasons.
Clause 7.
The Law at present provides for the Criminal Sessions being held every month and it will in any event be impossible to do so during the two periods