I may be called upon in any went to ac as Piggott will not

here again as

and I am

C.J

Superdly

to be

be again taking leave until he retires.

Smedy hoping som friced on the bench Ebenstone but it was be satisfactory

to know that in any

possible Emergency he castan almost invariably observed here, and which wor I came here, of appo

when

ні водне

to act may he Ag

time.

ony

I may

me ar

be and has to m

add that may has complimen

work as C.J and I do n my Suggest the least personal mctive, I feel, sure that if Su Ft Lugard

indorse may's

here he would unders

we

our summer we

woe

Recam

hope is recorly our

but we are living in terror of typhon hut so far

which are all Rand us

Kank

To

Heaven we have escaped. "I hope you had a good holiday

·Scotland.

was it in

yous

Ever Whers Davies

Copy

2004

sir,

со

33338

Rece

REG29 OCT 10

391

Attorney General's Chambers,

Hongkong, 26th September, 1910.

I have the honour to acknowledge the receipt of

your letter of the 31st ultimo forwarding for my information a

copy of His Excellency the Officer Administering the Government'

despatch to the Secretary of State of 21st of May and of Lord

Crewe's reply dated 28th July which pointed out that it was

desirable as a general rule to avoid the appointment of the

Attorney General as Acting Chief Justice owing to the difficul-

ties arising where the Attorney General may have been concerned

previously in advising the Crown on a matter coming before him

when acting as Chief Justice.

2.

I desire respectfully to submit that the quali-

fied instruction of the Secretary of State should not apply 80

long as I hold the position of Attorney General in this Colony. I came here with the full assurance and belief that the custom

hitherto observed of the Attorney General acting in the absence

of the Chier Justice would he adhered to. This was certainly

so in the case of my two immediate predecessors, fir Henry

Berkeley and Sir William Goodman,

I have spoken to His Excellency and I understand he indorses my submission that the instruction should not in any event ally in

the case of myself.

3.

As regards the case of Sun A Van and the remarks in paragraphs 4 and 5 of His Excellency's despatch I have to say that, as I had already given in the Pull Court a considered judgment on the same question of costs in the case of the same individual, to have given another decision except for the specific purpose of reversing that of fir Francis Piggott would have been a farce as Mr. Rowley the Crown Solicitor must vell

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