CO885-(13-15) — Page 238

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21466.

LLLLC.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE

MY LORD,

No. 225A.

(STRAITS SETTLEMENTS.)

LAW OFFICERS to FOREIGN OFFICE.

We were honoured with your Lordship's commands signified in Sir Thomas

Royal Courts of Justice, October 10, 1891. Sanderson's letter of the 31st August last, stating that he had to transmit to us, by your Lordship's direction, the accompanying papers respecting a difficulty which had arisen with regard to the appellate jurisdiction of the Supreme Court of the Straits Settlements under the Siam Order in Council, 1889.

That by Article 11 of that Order, appellate jurisdiction was given to the Supreme Court of the Straits Settlements, and it was provided that such jurisdiction should be exercised by "the full Supreme Court sitting in the Straits Settlements."

That the Supreme Court consisted of a Chief Justice and three Puisne Judges, and the Chief Justice observed that the use of the words "full Supreme Court" would appear to require that appeals should be heard by a Court consisting of a Chief Justice and three Puisne Judges. That he accordingly suggested that the Order in Council should be amended by adding to Article 11 words to the effect that "full Court" for the purposes of the Order should mean the Court as constituted for appeals when in the exercise of its ordinary appellate jurisdiction.

That, in regard to that point, Sir Thomas Sanderson was to call our special attention to sections 2 and 67 of the Local Ordinance III. of 1878, as amended by soctions 2 and 4 of the Ordinance XV. of 1885 and section 6 of the Ordinance XIX. of 1889.

That Sir Thomas Sanderson was to request that we would take the accompanying papers into our consideration, and that we would inform your Lordship whether, in our opinion, the expression "full Supreme Court sitting in the Straits Settlements” must necessarily be taken as requiring the personal attendance of all the Judges constituting the Court, or whether that expression might be construed as meaning the Court as constituted for appeals when in the exercise of its ordinary appellate jurisdiction.

That Sir Thomas Sanderson was, at the same time, to request that your Lordship might be favoured with any general observations on the question which we might wish to offer.

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We were also honoured with Sir Thomas Sanderson's letter of the 2nd September, transmitting to us a despatch from Her Majesty's Minister and Consul-General Bangkok, and requesting that your Lordship might be favoured with our opinion on the point raised by Captain Jones as to appeals in Admiralty suits.

In obedience to your Lordship's commands, we have the honour to

Report

That, in our opinion, the presence of all the Judges who are members of the Supreme Court is not necessary, but appeals can be heard before three Judges in accordance with section 6 of the Ordinance No. XIX. of 1889.

Appeals in Admiralty cases can be brought to the Supreme Court of the Straits Settlements from the District Court of Bangkok subject to the provisions of clause 63 of the Order of the 13th December 1889.

The provisions of the Colonial Courts of Admiralty Act, 1890, apply to the District Court of Bangkok.

We have, &c.

RICHARD E. WEBSTER. EDWARD CLARKE.

(Signed)

List of Papers.

Captain Jones

Colonial Office

(No. 1. Treaty) July 18, 1891.

August 22,

""

Siam Order in Council, 1889.

E 63453-97.

25.-11/91,

PUBLIC RECORD OFFICE

Reference :-

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