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PUBLIC RECORD OFFICE

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C.O.885

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—-NOT TO

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time to time made in such numbers as may be considered necessary from one or more of the following:-

(a) The Dominion of Canada and Newfoundland.

(b.) The Commonwealth of Australia.

(c.) New Zealand.

(d.) South Africa.

(e.) The Crown Colonies.

(f.). India.

3. A member so appointed should vacate any judicial office which he may be holding at the time of his appointment to the Judicial Committee.

In

"4. The selection of such members should not be restricted to Judges and ex-Judges.

5. Every such member should be appointed for life or for a term of years. the event of its being decided that such appointments to the Judicial Committee should be made for a term of years, suitable pensions should be provided for all members who complete such term of office, and the term which may be decided upon should be sufficiently long to be an inducement to properly qualified men to accept appointments to the Judicial Committec. It is considered that such a comparatively short term as seven years would not be sufficient for that purpose. It is recommended that the term should be one of at least fifteen years.

6. Although the question of salary is not apparently one of the matters for the consideration of which the Conference has been assembled, it is suggested that the salary to be paid should be sufficiently ample to induce men possessed of suitable quali- fications to accept appointments to the Judicial Committee.

-7. It is desirable that arrangements should be made for securing a larger attendance of Lords of Appeal at sittings of the Judicial Committee.

S. That, with the view to the avoidance of delay, the simplification of procedure and the lessening of costs, each Colony should be invited to suggest such alterations or amendments as it may desire in the Orders in Council, restricting or regulating appeals from such Colony and the General Rules of Practice, including those as to costs of appeal.

DAVID MILLS,, 'W. J. SMITH,

W. B. MORCOM.

J. ROSE INNES. JOIN EDGE.

I sign the above recommendations, subject to the proposal which has been made for the establishment of an Imperial Court of Appeal for the Empire.

GEO. H. EMERSON,

July 4, 1901.

1. I CONCUR in the Resolution No. 1, with the introduction of the words "for the present" after the word "continue." I think the introduction of these words avoids the possible misconception that I do not think that the time

may not arrive, and at a not remote date, when a new Final Court of Appeal for the whole British dominions would be desirable and practically possible.

2. I am unable to concur in Resolution numbered 2, and for the reason that it does not indicate a satisfactory scheme of colonial representation. I desire also to state that I have failed to find sufficient reason for any colonial representation, at any rate, from Colonics where the legal systems are substantially the same as that of England.

In my opinion, a member or members appointed from the Dominion of Canada or the Commonwealth of Australia, or from South Africa, would afford no better guarantee, nor bring any further satisfaction to the Colony of New Zealand, than is afforded by the presence of Judges of Great Britain or others under the existing law at the hearing of appeals from New Zealand.

JAMES PRENDERGAST,

F

23522.

SIR,

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No. 36.

AUSTRALIA.

GOVERNOR-GENERAL THE EARL OF HOPETOUN TO MR. CHAMBERLAIN.

(No. 24.)

(Received July 8, 190T)

June 3, 1901.

I HAVE the honour, at the instance of my Ministers, to transmit to you the accompanying copy of the instructions which have been transmitted to Mr. Justice Hodges for his guidance as Delegate to represent the Commonwealth on the forth- coming Conference to consider the question of strengthening the Colonial representa tion on the Judicial Committee of the Privy Council or the establishment of a new - Court of Final Appeal for the Empire.

I have, &c.

HOPETOUN,

SIR,

Enclosure in No. 36.

Governor-General.

Melbourne, May 23, 1901. I HAVE the honour to acknowledge your telegram dated the 3rd instant, in which you accede to the request of the Government of the Commonwealth, to act as their Delegate at the forthcoming Conference on the question of strengthening the representation of the Colonies on the Judicial Committee of the Privy Council or other Imperial Court of Appeal, and I thank you for your prompt reply to my telegram, and for your generosity in consenting to act on behalf of the Govern-

micnt.

Herewith I forward you copies of correspondence between the Secretary of State' for the Colonics and his Excellency the Governor-General on this subject. You will observe that the Ministers of the Commonwealth are not yet fully informed as to the scope of the Conference, nor the manner in which the conclusions of the Delegates will be dealt with. It would appear from the first communication received by this Government by means of his Excellency the Governor-General's Minute of the 15th February, that it is proposed that the matter sirould be dealt with during the current Session of the Imperial Parliament, while in the, telegraru communicated by his Excellency's Minute of the 22nd April, it would appear that the Government of Great Britain intends to express its views to the Governments of the British Colonies after the Conference has arrived at its recommendations. The discussion which would ensue would be difficult to conduct by cable, and the decision of the matter might therefore be delayed until after the close of the present Session of the Imperial Parliament.

You will observe that some confusion appears to have arisen in regard to the object of the Conference. From telegrams contained in the Minutes, it would appear that the Couference is not merely to discuss a measure for strengthening the Colonial representation on the Judicial Committee of the Privy Council, but it is to take into its consideration the larger question of the establishment of one Court of Appeal for the whole Empire.

I would invite your special attention to the despatch from the Right Honourable the Secretary of State for the Colonies, dated the 15th February, 1901, in which the views of the Imperial Government with regard to the holding of this Conference are fully set forth.

It appears that the proposal of the Secretary of State is for the creation of four additional Law Lords witli scats in the House of Lords as well as on the Judicial Committee. This Government is of opinion that the appointees from the self- governing Colonies should not have seats in the House of Lords. Ministers believe that the only solution of existing difficulties which would be fully satisfactory to Australian opinion would be the creation of an entirely new Tribunal: a Court instead of a legislative body or a judicial board,

You are sufficiently well acquainted with the public feeling of Australia to know