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members of the Council may have reasons of their own in favour
of the scheme which have not occurred to me, and in a matter of
such great importance it is advisable that I should have an opportunity of considering them and expressing an opinion upon
them.
I note however with pleasure that any questions which any member may desire to ask me will be referred to me. I take this to include questions from Your Excellency, and if this is
so it is more than likely that my attendance at the Council will be rendered unnecessary. The action of His Majesty's Government
and the Government of the Colony is based on so serious a mis-
apprehension of the facts involved in the scheme of the new
Appeal Court that if this course is pursued I am not without
hope that, in the best interests of the Colony, even at the eleventh hour it may be abandoned. For example, Your Excellency
may desire further light on the reasons why in my opinion the
scheme is likely to break down for want of sufficient time
allotted to the visits of the Shanghai Judge to complete the
work each session. That opinion is based on six and a half
years' experience. Your Excellency and the Secretary of State
appear to be of the contrary opinion, for obviously neither Your
Excellency nor the Secretary of State desires to introduce a
scheme which is likely to break down for want of time. There
must be some point which I have not made clear, but which could
be explained were Your Excellency to put me questions tending
to eludidate this vital point. This is I suggest of first impor-
tance, for obviously if Your Excellency were satisfied that
injustice to litigants caused by breakdowns is possible you
would at once so advise the Secretary of State.
3. The points which, with deference, the Fxecutive
Council have to decide are two-fold:-
First; whether the action I have taken, first, in
criticising the scheme, and afterwards in endeavouring to
improve the details of its working, is such as to justify