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Your Excellency,
You have spoken with me.
I agree that it will be desirable to make express provision for the possible contingency referred to in paragraph 6 of the Foreign Office Despatch, and I would suggest that the Chief Justice of Hong Kong should be appointed a member of the Full Court for China, with a proviso inserted to the following effect:
"That if at any time the Chief Justice is unable to sit a Judge of the Supreme Court of Hong Kong shall sit in lieu of the Chief Justice".
This would meet any occasion when the Chief Justice from pressure of work, illness or other sufficient cause is unable to attend at Shanghai for a sitting of the Full Court.
In regard to the proposed arrangements as to the remuneration of the Chief Justice, and his precedence, I agree that they should be reciprocal in all particulars with those now in force in relation to the judge as a member of the Court of Appeal in Hong Kong. This should ensure that no question would arise as to payment of Income Tax, the remuneration being chargeable to Imperial Revenue, whereas the increment of the Judge in Shanghai in respect of his visits to Hong Kong is payable from Colonial Revenue.
As regards the jurisdiction of the Full Court
I agree that it should extend to all appeals from either the judge or the assistant judge other than in interlocutory matters. The proviso which I have suggested contingent on the possible absence of the Chief Justice will ensure the attendance of a judge from Hong Kong on all necessary occasions
(Sd.) W. Rees-Davies
21st January, 1923.