The Ordinance No. 15, of 1844, to establish a Supreme Court of Judicature at Hongkong, provides in Clause numbered 3, that the Law of England shall be in full force in the Colony, except where it shall be inapplicable to the local circumstances or its inhabitants. Though this general rule is stated, it is to be objected chiefly (or perhaps exceptionally) that it will raise a great multitude of questions in the decision of which it does not provide. The criterion of applicability to local circumstances is, I apprehend, the only test by which to solve the enquiry whether any given rule of English Law is, or is not in force in a British Colony. But it is manifestly most vague and uncertain criterion. The effect of it is, to transfer to the Judge a large part of the duties of the Legislature. He must in each successive case determine how far local circumstances admit or prevent the application of the Law of England, unless...
The brainance N. 15, of 1844, to
establish a Supreme Count of Indicative at Hongkong, provider. I cracks in the Clouse mumbered 3, that the Law of England shall be in full force in the Colony, except where
shall be the same. inapplicable to the
local circumstances
or its
of the Colony inhabitants. Torke
chus general rull
stated, it is to be
objected chiefly / pachof,
perhaps
exctionally) that it
well raise a
great
mulidtude of questions In the decision of
3
C
116
which it does not
provide. The criterion
of applicability to
local circumstances is
Sapprehend, the only test by which to solve the enquiry! whether
any given rule of English Lan is, or
a
a
is not in force in British Colony. But
it is manifeerty most vague and uncertain criterion. The effect of it is, to transfer to the Juage a large. part of the duties of the Lejislatme. He must in each successive Case determine how par local circumstanlly admit or present the application of the Lan of England, untles
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