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Conclosure. 3.
C O 1897
502
MEMORANDUM.
Red 19 JAN 12
A. The scheme will be seriously prejudice the
prestige of the Supreme Court of the Colony in the eyes of
the Chinese; for to import a foreign judge into the new
Court whose sole function will be to hear appeals from the
Chief Justice can only be construed by them as a mark of
want of confidence in the Chief Justice.
I do not think that the prestige of the Court has
ever stood higher than it does at present; and it is a
mistaken policy to remedy an inherent defect in the exist-
system ing/by weakening the effectiveness of the Court itself.
It will presently appear why the proposed Court can
only hear appeals from the Chief Justice; but I assume that
the Appeal Court will be composed of three Judges in which
case the casting vote in case of a difference between the
Judges of the Colony will rest with the Shanghai Judge. In
the event, as I understand Mr.Justice Gompertz to have
proposed, of the new Court being composed of two Judges
only, this defect in the proposed scheme will be still more
marked.
This criticism does not apply to an Appeal Court
composed of three Judges of the Colony; for if a third Judge were appointed the work in Original Jurisdiction
would be divided between the Chief Justice and the Senior
Puisne Judge, and the casting vote would not then be vested
in one individual Judge.
B. Still more serious is the question of time at the
disposal of the new Court, for there is no guarantee that the Shanghai Judge will be able to remain in the Colony either to clear off the list of pending appeals, or even to
conclude an appeal which has been begun. Unless the list can be cleared at each session of the Court the gravest injustice will be done to litigants, and the greatest and most justifiable discontent will arise in the Colony. The
difficulties which this question raises appear to have been