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appealed against shall sit on appeal. This might I think be effect- -ed by inserting some further proviso to the section I have named. It would also be necessary to provide that when the two Judges sitting in the Full Court differ the judgment appealed from shall
stand.
6.
An Amendment of the Criminal Sessions Ordi-
-nance 1912 (No. 33 of 1912) is also I think desirable in relation to the circumstances referred to in paragraph 4 of this letter. Instead of expressly excepting the months of January and July from holding Criminal Sessions it would be better to give the Chief Justice a discretionary power to exclude any two months in the year on due notice being given.
I shall be glad to confer with the Attorney- -General as to the form of amendment desirable.
7.
Whilst I desire to bear testimony without qualification to the success which has so far attended the new
scheme as also to the cordial unity and co-operation of the Bench in promoting its success, it is right that I should point out certain of its drawbacks which would not exist if there was a third
Judge in the permanent service of the Colony. The time available for the biannual visists of Sir Havilland de Sausmarez is limited
and although in the smaller cases the Judges have so far been able to arrive at a conclusion before he left Hongkong it has been necessary in the longer cases that he should prepare his judg- -ment in Shanghai, and in the session just closed the arguments in a case by no means devoid of difficulty were only concluded on the afternoon of Sir Havilland's return to Shanghai. This must necessarily involve the preparation of judgments, with possible differences arising during their consideration on points of law, which if they had been fully and finally discussed a complete agreement might have been arrived at. I have always been of opinion that appeals will increase in number with an effective Court of Appeal in distinction to the old order of things and I fear that the drawback of there being insufficient time to confer on judgments is likely rather to intensify than otherwise.