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noijosa ni *‡woð eɗT" to noijiniteb and al .(a) bas "snelul end* abror and to noiteleb end yá S yrus" abtor eut to roterað noiðuj iðedua aid yd ."1endo
noidiniteb and tc Iseqer end yd S noijose ni .(d) .*ttoo Ilt erft" to
od* abrow Blid to moiteleb end yd SCS moijose ni to rotarent moiduditedna odd yd bas "enaici erit
Enclosure 2.
COPY.
.dnendoan
Hon. Colonial Secretary,
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.*emaivi yino 10 reins and ed* aktør ald ektor out to noitefel at yd (d) \I noitowe ni ¡.2001 to IS .oli conani roterent noiðuð iðadua end yd kne *amsicl end od"
.*enaiv¶ yine To Teina! and od* abrow aất to
of* abtor sú♪ to noitelsh and vá (č)ð coldoen al ¦.0[el to IS .07 comain
to tolerend moiðudijadua edd yd bna "snaip¶ arid
."ereisi ylno 10 toine3 edit od* ebow sid abrow sit to noiteleb end yo C-E7 noijose al ¦. erið mort "egbut enaivt end ons eoivast teinQ & T" “ud itadue art yď bas "two✪ Livt" to moiðiniteb
BIOM TO OWJ Yna* abrow wild to rotereŭt noto- ¦
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"
6630
363
Draft Bill herewith. The Bill is a short one and is so drafted as to
provide for the attendance of the Judge of His Majesty's Supreme Court in China where theres judges in the permanent service of the Colony are not available.
It also makes the necessary amendments in the exist -ing Ordinances incidental to the appointment of a third judge
permanent and is so drafted as not to require further legislation on the appointment of such third judės.
Clause
I have the following observation to make on it: This provides that when there are three permanent judges in the Colony an appeal from the decision of any one of them shall lie to the other two. It does not however prevent all three judges sitting together if so arranged between them, which presumably would only be so in exceptional circumstances. The olause is I think desirable as it will leave one of the Judges free to carry on other work during the hearing of such appeals, and furthermore on the appointment of a third judge the work in original jurisdiction will be more evenly allocated between the Chief Justice and the Senior Puisne Judge.
Clause 3: This gives precedence to the Judge of His Majesty's Court in China if senior in appointment to the Chief Justice of Hongkong. It was found difficult to adopt the expression "Senior Judge" suggested in the Secretary of State's Confidential Des- -patch of 27th. September, 1911, s.g. a future Chief Justice or Puisne Judge may have held Judicial Office in some other Colony and may be senior from the date of his first appointment else- -where to the Judge of the Court in China. The clause is I think now decided devoid of ambiguity.
Clause 4: Sub-section (2) affects in my opinion a desirable change of the law which at present gives the Chief Justice a double or casting vote and it provides that when there is a difference of opinion between the two judges sitting together the