393
I therefore accuse the Chief Justice of unjust and tyrannical conduct in the exercise of his functions and of having misrepresented facts to enable him to perpetrate under color of his office an act of injustice to me, which I assert renders him unfit to be entrusted with Judicial power or to fill the high office of Chief Justice.
I have been condemned on charges of whose existence I had never previously heard and have not been allowed to speak in defence or explanation, and have been treated in the most humiliating manner by the Judge in a very crowded Court. I believe I have no appeal to any Judicial Tribunal in existence and I distinctly accuse the Chief Justice of having abused his power and of unfitness for office.
I beg that His Excellency will be pleased to call upon me in such manner as to him may seem best for evidence in support of my accusation, which I pledge myself to bring forward, and that His Excellency will also take such steps with regard to my complaint against the Chief Justice as the gravity of the case requires.
His Excellency will, I am sure, understand my feelings when, after having, without solicitation, been honored by being appointed a Queen's Counsel here, I find myself treated with unmerited contumely by Mr. SMALE in the presence of nearly the whole community and denied privileges accorded to Criminals of the worst stamp.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
EDWARD H. POLLARD, One of Her Majesty's Counsel for the Colony of Hongkong.
Honorable H. J. Ball, Acting Colonial Secretary, to E. H. Pollard, Esquire, Q.C.
No. 358.
SIR,
COLONIAL SECRETARY'S OFFICE, HONGKONG, 5th July, 1867.
1. Having laid your letter of yesterday's date before His Excellency SIR RICHARD GRAVES MACDONNELL, I am desired to inform you that His Excellency has perused with much pain your account of certain proceedings, which you represent as having recently taken place in the Supreme Court of this Colony and resulted in your being fined and suspended from practice as guilty of contempt of Court.
2. His Excellency observes that you distinctly charge and reiterate your charges against the Chief Justice of abusing his power, of gross injustice, and of unfitness for Office. When a member of the Bar, enjoying the position of a Queen's Counsel, uses such expressions and further charges the Chief Justice of the Colony with having misrepresented facts to perpetrate under color of his Office an act of injustice, inquiry becomes inevitable.
3. It is however undesirable that the Executive, if it can be avoided, should express any opinion on a question of mere professional discipline; whilst, as to the fitness of the Chief Justice for his Office, though the Public are entitled to expect that only fit men shall exercise the functions of any Office here, it is equally inexpedient that His Excellency should express an opinion, so long as there is any dispute as to facts.
4. It is therefore fortunate that in 1852, (Rainy v. the Justices of Sierra Leone, Moore's Privy Council Reports, Vol. VIII, Page 47) the Judicial Committee of the Privy Council decided that, under the circumstances of a case then before them, viz: that of a Barrister fined in a Colonial Court for contempt, they would consider a Petition to the Queen forwarded through the Colonial Office, and would advise Her Majesty thereon, if Her Secretary of State thought fit to refer it.
5. His Excellency consequently is of opinion that the proper course for you to pursue is to forward to him a Petition framed in accordance with the precedent above quoted, and to support your Petition by such affidavits and other documentary evidence, as you think requisite.
6. It is quite evident that the matter cannot now rest where it is, without imperilling the character of all Law proceedings in the Supreme Court, and lowering its reputation in a manner prejudicial to the most important interests of the Colony. Neither can His Excellency permit a member of the Bar, and one who enjoys the position of a Queen's Counsel, to advance such charges against the Chief Justice, couched in language so strong, without calling on him either to withdraw those charges, or adopt the most legitimate means for substantiating them.
7. His Excellency therefore is prepared to receive from you such Petition to the Queen and other evidence in connection with your charges, as you may send. He will then lay your Petition before the Chief Justice to enable His Honor to make such comments or reply as he may think necessary, and when the whole case has thus been put into proper shape, will transmit it to His Grace the Secretary of State with a view to its being submitted to the Judicial Committee of Her Majesty's Privy Council, or such other action taken therein as His Grace may consider most expedient.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
HENRY JOHN BALL, Acting Colonial Secretary.
E. H. Pollard, Esquire, Q.C., to Honorable H. J. Ball, Acting Colonial Secretary.
SIR,
HONGKONG, 6th July, 1867.
I have the honor to acknowledge receipt of your despatch No. 358 of yesterday's date and beg at the same time to express my thanks for the promptness with which His Excellency has taken the matter therein referred to into consideration.
393
I therefore accuse the Chief Justice of unjust and tyrannical conduct in the exercise of his functions and of having misrepresented facts to enable him to perpetrate under color of his office an act of injustice to me, which I assert renders him unfit to be entrusted with Judicial power or to fill the high office of Chief Justice.
I have been condemned on charges of whose existence I had never previously heard and have not been allowed to speak in defence or explanation, and have been treated in the most humiliating manner by the Judge in a very crowded Court. I believe I have no appeal to any Judicial Tribunal in existence and I distinctly accuse the Chief Justice of having abused his power and of unfitness for office.
I beg that His Excellency will be pleased to call upon me in such manner as to him may seem best for evidence in support of my accusation, which I pledge myself to bring forward, and that His Excellency will also take such steps with regard to my complaint against the Chief Justice as the gravity of the case requires.
His Excellency will, I am sure, understand my feelings when, after having, without solicitation, been honored by being appointed a Queen's Counsel here, I find myself treated with unmerited contumely by Mr. SMALE in the presence of nearly the whole community and denied privileges accorded to Criminals of the worst stamp.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
EDWARD H. POLLARD, One of Her Majesty's Counsel for the Colony of Hongkong.
Honorable H. J. Ball, Acting Colonial Secretary, to E. H. Pollard, Esquire, Q.C.
No. 358.
SIR,
COLONIAL SECRETARY'S OFFICE, HONGKONG, 5th July, 1867.
1. Having laid your letter of yesterday's date before His Excellency SIR RICHARD GRAVES MACDONNELL, I am desired to inform you that His Excellency has perused with much pain your account of certain proceedings, which you re- present as having recently taken place in the Supreme Court of this Colony and resulted in your being fined and suspended from practice as guilty of contempt of Court.
2.
His Excellency observes that you distinctly charge and reiterate your charges against the Chief Justice of abusing his power, of gross injustice, and of unfitness for Office. When a member of the Bar, enjoying the position of a Queen's Counsel, uses such expressions and further charges the Chief Justice of the Colony with having misrepresented facts to perpetrate under color of his Office an act of injustice, inquiry becomes inevitable.
3. It is however undesirable that the Executive, if it can be avoided, should express any opinion on a question of mere professional discipline; whilst, as to the fitness of the Chief Justice for his Office, though the Public are entitled to expect that only fit men shall exercise the functions of any Office here, it is equally in- expedient that His Excellency should express an opinion, so long as there is any dispute as to facts.
4.
It is therefore fortunate that in 1852, (Rainy v. the Justices of Sierra Leone, Moore's Privy Council Reports, Vol. VIII, Page 47) the Judicial Committee of the Privy Council decided that, under the circumstances of a case then before them, viz: that of a Barrister fined in a Colonial Court for contempt, they would consider a Petition to the Queen forwarded through the Colonial Office, and would advise Her Majesty thereon, if Her Secretary of State thought fit to refer it.
to
5. His Excellency consequently is of opinion that the proper course for you pursue is to forward to him a Petition framed in accordance with the precedent above quoted, and to support your Petition by such affidavits and other documen- tary evidence, as you think requisite.
6.
It is quite evident that the matter cannot now rest where it is, without imperilling the character of all Law proceedings in the Supreme Court, and lower- ing its reputation in a manner prejudicial to the most important interests of the Colony. Neither can His Excellency permit a member of the Bar, and one who enjoys the position of a Queen's Counsel, to advance such charges against the Chief Justice, couched in language so strong, without calling on him either to withdraw those charges, or adopt the most legitimate means for substantiating them.
7.
His Excellency therefore is prepared to receive from you such Petition to the Queen and other evidence in connection with your charges, as you may send. He will then lay your Petition before the Chief Justice to enable His Honor to make such cominents or reply as he may think necessary, and when the whole case has thus been put into proper shape, will transmit it to His Grace the Secretary of State with a view to its being submitted to the Judicial Committee of Her Majesty's Privy Council, or such other action taken therein as His Grace may consider most expedient.
I have the honor to be,
Sir,
Your most obedient Servant,
(Signed,)
HENRY JOHN BALL, Acting Colonial Secretary.
E. H. Pollard, Esquire, Q.C., to Honorable H. J. Ball, Acting Colonial Secretary.
SIR,
HONGKONG, 6th July, 1867.
I have the honor to acknowledge receipt of your despatch No. 353 of yesterday's date and beg at the same time to express my thanks for the promptness with which His Excellency has taken the matter therein referred to into consideration.
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