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arrangements to be made for process issued by the Court of Appeal on the High Courts to run throughout the whole of Malaya.

17. We anticipate opposition to the scheme from the legal profession both in the Straits Settlements and the Federated Malay States, and do not consider it desirable that any memorandum on the subject should be published under the signature of the Chief Justices. We suggest that, before any public announcement is made, the Secretary of State should be consulted.

Dated 15th January, 1982.

J. W. MURISON,

Chief Justice, Straits Settlements.

L. H. ELPHINSTONE,

Chief Justice, Federated Malay States.

171

4. It is possible that in my comments upon the new proposals I did not express myself as clearly as I should on this question. But my idea was, and is, that the appellate judges should be so by virtue of a distinct and separate appointment as judge of the Court of Appeal. If the services of a puisne judge were required in the Court of Appeal, my idea was that he should have a distinct and separate appointment (by, I suggest, Your Excellency) as acting judge of the Court of Appeal.

5. I feel somewhat strongly upon this point. I think the position of a judge of the Appeal Court should be on a distinctly higher level than that of a puisne judge, and should be a matter of emulation. I believe this view to be in the best interests both of the public and of the bench itself.

6. I rather understand that this too was the view of Chief Justice Elphinstone, but, as he will be home shortly, it would be easy for the Secretary of State to ascertain if this is so from the Chief Justice himself.

545

C. 92068/32 [No. 4].

(No. 125.)

No. 77.

STRAITS SETTLEMENTS.

MALAY STATES.

THE GOVERNOR to THE SECRETARY OF STATE.

(Received 11th April, 1932.)

[Answered by No. 78.]

SIR,

King's House, Kuala Lumpur, 17th March, 1932. In continuation of my Straits Settlements and Malay States despatch No. 58, dated the 4th February, 1932,* in which were set out proposals for the reorganization of the Supreme Courts of the Colony and the Federated Malay States in connexion with the scheme for the decentralization of the Government of the Federated Malay States, I have the honour to forward, for your information, an extract from a letter addressed to me by Sir William Murison, Chief Justice, Straits Settlements.

2. I have no particular objection to the proposal that Judges of the Court of Appeal should be appointed as such by distinct and separate appointment, and am prepared to agree, if Sir Lancelot Elphinstone, Chief Justice, Federated Malay States, is in favour of this. Sir Lancelot will be arriving in England shortly and I suggest that he should be consulted.

I have, &c.,

O. CLEMENTI,

Governor.

C. 92068/82 [No. 9].

(No. 291.)

SIR,

No. 78.

STRAITS SETTLEMENTS.

MALAY STATES.

THE SECRETARY OF STATE to THE GOVERNOR.

Downing Street, 26th July, 1932. I HAVE the honour to refer to your despatches No. 58 of the 4th of February,* and No. 125 of the 17th of March,† containing your proposals for the reorganization of the Supreme Courts of the Colony and of the Federated Malay States, and to inform you that, in accordance with your suggestion, the opportunity has been taken of the presence of Sir Lancelot Elphinstone in this country for a discussion of the subject between him and the Legal Adviser to this Department.

2. These proposals, together with those in regard to other schemes connected with the policy of decentralization of the Government of the Federated Malay States, will be fully considered after Sir Samuel Wilson has visited Malaya.

I have, &c..

(for the Secretary of State),

R. W. HAMILTON

PUBLIC

༄༅། ། ། ། ། །

RECORD OFFICE

Reference -

C.O.882/12

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO.

Enclosure in No. 77.

EXTRACT FROM A LETTER ADDRESSED TO HIS EXCELLENCY THE GOVERNOR BY SIR WILLIAM MURISON, CHIEF JUSTICE, STRAITS SETTLEMENTS, DATED THE 3RD МАВСЯ, 1932.

*#

*

*

2. There is one point to which I ought to draw Your Excellency's attention. It concerns generally paragraphs 10 and 11 of the letter to the Secretary of State and particularly the first two sentences of paragraph 11:—

"11. In order to allow for leave and casualties, there should, I think, be at least three Court of Appeal judges in addition to the Chief Justice. And all the puisne judges should be ex officio judges of the Court of Appeal, so that their services may be available if required."

3. The two sentences appear to be not quite consistent. The first says there shall be (with the Chief Justice) three Court of Appeal judges. The second says that all puisne judges should be ez officio judges of the Court of Appeal. This second sentence makes all puisse judges judges of the Court of Appeal: while in the salary scale (para- graph 19) a distinction is drawn between appellate and puione judges.

* No. 75.

C. 92068/82 [No. 14].

SIR,

No. 79.

STRAITS SETTLEMENTS.

MALAY STATES.

THE GOVERNOR to THE SECRETARY OF STATE. (Received 29th December, 1932.)

(Confidential.)

Government House, Singapore, 1st December, 1932. IN continuation of my Confidential Straits Settlements and Malay States despatch, dated 25th November, I have the honour to inform you that, on the 26th November, I held, at King's House, Kuala Lumpur, a conference on the proposals for judicial reorganization in Malaya. It was attended by Sir Samuel Wilson, by both Chief Justices, by the acting Chief Secretary to Government, Federated Malay States, by the four Residents in the Federated Malay States, and by the Legal Adviser, Federated Malay States. Mr. Gent of the Colonial Office took a note of the discussion, a copy which I attach.

of

* No. 75.

+ No. 77.

C. 92068/32 [No. 13]: not printed.

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