543
166
Federated Malay States the Court of Appeal would consist of three judges of appeal presided over by the Chief Justice of the Federated Malay States. As all judges are interchangeable it is obvious that no statutory power is needed for the creation of such a Court but merely verbal changes in existing statutes for the creation of judges of appeal.
As the State of Johore takes advantage of the Colonial Court of Appeal, the scheme might'very well include a contribution to the salaries of the judges of appeal by the State of Johore; and any other State which will take advantage of the existence of anch a Court could similarly contribute.
It is the view of the Bar that special judges of appeal are necessary, and that with the creation of the new Court of Criminal Appeal and with the sending of Magistrate's appeals to a single judge of appeal, there would be more than enough work to keep the judges busy. It must be remembered that, if appeal work is to be done properly, leisure is absolutely essential, leisure to hear and leisure to research, and above all, leisure for the proper deliverance of judgment.
The judges of appeal could also take non-contentious and ex parte matters when free and willing to do so. I feel sure that if the Attorney-General of the Straits Settle- ments came into Court and pleaded cases, he would have welcomed the proposal and not have dissented from it as he has done.
Finally, the litigants and the Bar would get more consistency of judgment than at present.
I am opposed to the creation of a special Malayan Court of Appeal by such name. The suggestion would need new and difficult legislation to carry it out, and questions as to powers, jurisdiction, &c., would be bound to arise with consequent expense to litigants.
As I have said, all that is necessary is merely the creation of four interchangeable judges of appeal.
10th December, 1931.
ROLAND BRAddell.
167
account of the fact that judges have more favourable pension regulations and can remain in office until they are 62 years of age, a very important advantage over the staff officers of the Malayan Civil Service. Mr. Caldecott suggests the following alternative monthly salaries :---
1 Chief Justice @ $1,950 (instead of $2,000), being the same salary as that
of the Colonial Secretary.
1 Senior Appellate Judge @ $1,350 (instead of $1,500), being the same salary
as that of Professional Director-Advisers and of the Legal Adviser.
2 Appellate Judges, each @ $1,300 (instead of $1,400), being the same
salary as that of the Colonial Treasurer, Straits Settlements.
7 Puisne Judges, each @ $1,200 (instead of $1,250), being the same salary
as that of Class IA Officers in the Malayan Civil Service.
The total salaries so revised would be $14,300 per mensem as against $15,050 per mengem, recommended in paragraph 19 of my open despatch, and $14,700 per mensem now payable as the total salaries of the judges.
4. I feel that this point must be left to your decision, and that the salaries payable to judges in other parts of His Majesty's Colonies and Dominions should be drawn into comparison. It is very necessary that we should attract to Malaya judges who will command the confidence and esteem of all the cosmopolitan communities resident in the Peninsula, and that, in the matter of the salaries offered, our terms should be not less attractive than those in other parts of the British Empire.
5. Mr. Caldecott also does not see why judges should be all-found in the matter of furniture, crockery, &c., any more than are Class IA Officers in the Malayan Civil Service. He thinks that a case might be established for giving the Chief Justice an all-found residence, but that the local judges are not expected to entertain all and sundry, nor do they in practice do so, and that they are not subject to transfers to a greater extent than are non-judicial members of the Malayan Civil Service. This matter also should, I submit, be considered and decided in the light of conditions obtaining in other Colonies.
I have, &c.,
C. CLEMENTI,
C. 92068/32 [No. 2).
No. 76.
STRAITS SETTLEMENTS.
MALAY STATES.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 29th February, 1932.)
(Confidential.)
SIR,
Government House, Singapore, 4th February, 1932. I HAVE the honour to invite your attention to my open despatch, Straits Settlements and Malay States, No. 68 of even date, and to forward for informa-
your tion, in connexion with the proposals made therein for the reorganization of the Supreme Courts of the Colony and the Federated Malay States, a joint memorandum on this subject, dated 15th January, 1932, by Sir William Murison, the Chief Justice of the Straits Settlements, and Sir Lancelot Elphinstone, the Chief Justice of the Federated Malay States.
2. I send this memorandum to you confidentially because, in its last paragraph the two Chief Justices express the opinion that it is undesirable for a memorandum on this subject to be published over their signatures. It will, however, be necessary, when and if this scheme for reorganization comes up for public discusion, to issue a sessional paper concerning it both in the Colony and the Federated Malay States. For this reason the substance of what the Chief Justices write has been embodied in my open despatch, which can, if you approve, be published later on as a sessional paper, together with your reply.
3. My principal advisers are in complete agreement with the reorganization proposals made by the two. Chief Justices, except as regards the proposed emoluments and the perquisites of the judges. In this connexion the acting Chief Secretary to Government, Federated Malay States, points out to me that the proposals take no
* No. 75.
Enclosure in No. 76.
Governor.
MEMORANDUM BY THE CHIEF JUSTICES OF THE STRAITS SETTLEMENTS And the FEDERATED MALAY STATES ON THE REORGANIZATION OF THE JUDICIAL SERVICES OF THE STRAITS SETTLEMENTS AND THE MALAY STATES.
Ar the request of His Excellency the Governor and High Commissioner we have prepared the following proposals for the reorganization of the Judicial Service of the Malay States and the Straits Settlements in view of the scheme for decentraliza- tion of the Federated Malay States outlined by His Excellency the High Commissioner in his address to the Durbar of Rulers held at Sri Menanti on the 18th August, 1931. 2. The object of His Excellency's scheme, as we understood it, is to increase the political and administrative independence of the component States. The scheme contemplates that the State heads of the several services shall be responsible to the Rulers, co-ordination of policy being secured by the appointment of central heads whose functions will be advisory rather than executive. The central heads will also provide what may be called professional leadership for the specialized services. The scheme proposes that each central head shall be the head of the corresponding department in the Straits Settlements.
3. The scheme recognizes that there are certain departments, such as the Survey and Customs Departments which do not form part of the administration of the country, but merely afford machinery for carrying out the decisions of the administration, and that these services should not be split up into State Services. Just as these depart- ments exist for carrying into effect the administrative decisions of a government, so does the judiciary exist primarily for giving effect to legislative decisions, and there is a strong case for maintaining one judicial service for all the States rather than a separate judiciary for each State. That a single judicial service would be more efficient than four separate services there can be no doubt. It is also important that there
PUBLIC RECORD OFFICE
] ། ། T ། །
Reference :-
C.O.882/19
12
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BF REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO