547
174
SIR W. MURISON feared that under Mr. Thorne's proposal it would be too easy for the system to relapse into the present position, since there would be a constant tendency to select from the roster those judges who happened to be on the spot or conveniently near, so as to save expense and delay. If the Judges were definitely appointed Judges of an all-Malaya Appeal Court, that influence would not tend to be so strong.
MR. THORNE doubted whether this was the time to introduce a change of system which would lead to greater expense from public funds. It would be better to adopt the method which he recommended, and then after a few years it would be possible to judge whether there would be any clear advantage to be gained by the introduction of the more expensive system.
SIE W. MURISON saw no serious objection to the acceptance of Mr. Thorne's interim scheme if it were decided to defer the creation of one Chief Justice for all Malaya. Besides the preparation of the roster of Judges for appeal work as proposed, it would be desirable that statutory provision should be made to enable the Chief Justice, Straits Settlements, to sit on appeals in the Federated Malay States.
MR. CALDECOTT, the RESIDENTS and MR. THORNE expressed the hope that the proposed statutory provision would be deferred for the present, since the Bulers had made it clear that they would oppose it.
HIS EXCELLENCY concluded-
(1) that the roster of Appeal Court Judges should forthwith be prepared; (2) that the proposal to create a single Chief Justice for all Malaya should not
be pursued for the present;
(3) that the Residents should explain (2) to the Rulers in the Federated Malay States and endeavour to remove their objections to the appointment of the Chief Justice, Straits Settlements, as one of the Judges of Appeal in the Federated Malay States.
175
2. Section 6 of the Courts Enactment, 1918, is amended-
** Puisne (a) by deleting the word
in lines and 5 respectively of Sub- section (iv); (b) by deleting Subsection (v) and substituting therefor a new Subsection as
follows:-
C
(v) The Chief Justice of the Straits Settlements shall, when perform- ing the duties of a Judge of the Supreme Court, take rank next after the Chief Justice of the Federated Malay States, and the Puisne Judges of the Supreme Court of the Colony and a Judge of the State of Johore shall, when performing the duties of Judges of the Supreme Court, take rank with the other Judges of such Court according to the priority of their respective appointments, whether as Judges of the Federated Malay States or as Puisne Judges or as Judge of the State of Johore, whichever dates shall be the earlier."
Objects and Reasons.
Under the present law only the Puisne Judges of the Straits Settlements are ex officio Judges of the Federated Malay States, but the Chief Justice, Federated Malay States, is an ex officio Judge of the Colony. The object of this Bill is to make the Chief Justice, Straits Settlements, an ex officio Judge of the Federated Malay States and to provide for his precedence as such. The two Chief Justices will then be in similar positions, and it will be possible to make use of the services of either, or both, as members of the Court of Appeal in either territory.
Kuala Lumpur,
7th December, 1932.
W. S. GIBSON,
Legal Adviser, Federated Malay States.
13017/83 [No. 5].
PUBLIC RECORD OFFICE
Reference -
TLC.O.882/12
13017/33 [No. 1].
No. 80.
FEDERATED MALAY STATES.
THE HIGH COMMISSIONER to THE SECRETARY OF STATE. (Received 10th January, 1933.)
(Confidential.)
SIR,
Government House, Singapore, 15th December, 1932. WITH reference to my Straits Settlements and Malay States Confidential despatch dated the 1st of December, 1932,* on the subject of the proposed judicial reorganization in Malaya and in particular to paragraph 4 thereof, I have the honour to forward, for your consideration, six copies of a draft Bill further to amend the Courts Enactment, 1918, to enable the Chief Justice, Straits Settlements, to sit in judicial proceedings in the Federated Malay States.
I have, &c.,
C. CLEMENTI,
High Commissioner.
Enclosure in No. 80.
A BILL
INTITULED
An Enactment to Further AMEND THE COUrts Enactment, 1918.
It is hereby enacted by the Rulers of the Federated Malay States by and with the advice and consent of the Federal Council as follows:-
1.
Short Title and Commencement.
This Enactment may be cited as "The Courts (Amendment) Enactment 1933," and shall come into force upon the publication thereof in the Gazette.
No. 81.
STRAITS SETTLEMENTS.
THE SECRETARY OF STATE to THE GOVERNOR.
(Sent 1.30 p.m., 27th February, 1933.) TELEGRAM.
No. 36. Confidential. Your S.S./F.M.S. despatch No. 58 of 4th February, 1932,* and subsequent correspondence. I do not propose to proceed for the present with the amalgamation of the posts of Chief Justice, Straits Settlements and Federated Malay States. But in order that consideration of the question may not be unduly post- poned, I propose to offer post of Chief Justice, Federated Malay Štates, to Deane, now Chief Justice, Gold Coast, who on grounds of age will be due for retirement in two years' time, but in the first instance I should be glad to know that his selection would be acceptable to you. As regards post of Chief Justice, Straits Settlements, I am disposed to give favourable consideration to proposal in your Straits Settlements despatch No. 641 of 22nd December,† but I am postponing final decision concerning both posts until I receive your reply to this telegram.
13017/83 [No. 9].
No. 82.
FEDERATED MALAY STATES.
THE HIGH COMMISSIONER to THE SECRETARY OF STATE. (Received 13th March, 1933.)
(Confidential.)
SIR,
Government House, Singapore, 10th February, 1933. WITH reference to the sixth paragraph of my Confidential Straits Settlements
and Malay States despatch, dated the 1st December, 1932,‡ on the subject of the
* No. 79.
* No. 75.
† 13017/38 [No. 1]: not printed.
I No. 79.
COPYRIGHT PHOTOGRAPH-NOT TO
RE
PUBLIC RECORD, OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE REPRODUCED PHOTOGRAPHIC-
176
proposals for judicial reorganization in Malaya, I have the honour to inform you that Their Highnesses the Rulers of Selangor and Negri Sembilan have since signified their acquiescence in the proposal that the Chief Justice of the Straits Settlements should sit on appeals in the Federated Malay States.
18017/33 [No. 29].
No. 83.