CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 390

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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387

5

the actual state of things.

H. So much is this the case that at this moment I do not see my way to any satisfactory arrangement. It is unquestionable that the most suitable appointment as Acting Chief Justice would be Mr Pauncefate. That gentleman however would have not merely to sacrifice half his salary as Attorney General but owing to the wording of the section of establishing the Supreme Court, of which I enclose a copy, it is questionable whether his drawing any part of his salary as Attorney General would not constitute an avoidance of his office as judge and thus he might find himself under an old Ordinance as to the necessity of resigning the Office of Attorney General.

5. Even admitting that he could not be regarded ad interim as accepting or taking on or performing any duty in connection with the office of Attorney General, he must be held to be performing the paid office of Judge of the Summary Court, and in case the section (Vide Sec. 5 Ordinance 1845) is applicable at all to an Acting Judge, I question whether he would not have to resign that post before taking on himself the office of Acting Chief Judge.

6. As a matter of course he would have to give up his permanent retainers at the time, and I am aware that one

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387 5 the actual state of things. H. So much is this the case that at this moment I do not see my way to any satisfactory arrangement. It is unquestionable that the most suitable appointment as Acting Chief Justice would be Mr Pauncefate. That gentleman however would have not merely to sacrifice half his salary as Attorney General but owing to the wording of the section of establishing the Supreme Court, of which I enclose a copy, it is questionable whether his drawing any part of his salary as Attorney General would not constitute an avoidance of his office as judge and thus he might find himself under an old Ordinance as to the necessity of resigning the Office of Attorney General. 5. Even admitting that he could not be regarded ad interim as accepting or taking on or performing any duty in connection with the office of Attorney General, he must be held to be performing the paid office of Judge of the Summary Court, and in case the section (Vide Sec. 5 Ordinance 1845) is applicable at all to an Acting Judge, I question whether he would not have to resign that post before taking on himself the office of Acting Chief Judge. 6. As a matter of course he would have to give up his permanent retainers at the time, and I am aware that one Page 390 Page 391
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み 387 5 the actual state of things. H. So much is this the case that at to this moment I do not see my way any satisfactory arrangement. It is funquestionable that the most suitable appointment as Acting Chief Justice would be Mr Pauncefate. That gentleman however would have not merely to sacrifice half his salary as Attorney General but owing to the wording of the you section of establishing the Supreme leourt of which Denclose a capy it is questionable whether Enclave 02. his drawing any part of his salary Attorney Genival would not constitute an avoidance of his office as judge and thus he might find himself under an old, Ordinance as the necessity of resigning the Office of Attorney General. ૧ 5. Eran admitting that he could not be regarded ad interim as accepting taking on performing any duty in connection with the office of Attorney General he must be held to be performing M the paid office of Judge of the Summary beourt, and in case in case the section Vide bec. 5. applicable at all to an Acting fudge Ordinance 1845 I question whether he would not have to resign that past before tatting on himself the office of Acting Chief - Judge. b. As a matter. have to for matter of course he would. give up his permanent retainers the time, and I am aware that one Page 390Page 391
2026-05-20 05:58:41 · Baseline
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み

387

5

the actual state of things.

H. So much is this the

case that at

to

this moment I do not

see

my way

any satisfactory arrangement. It is funquestionable that the most suitable

appointment as Acting Chief Justice would be Mr Pauncefate. That gentleman however would have not merely to sacrifice half his salary as Attorney General but owing to the wording of the you section of establishing the Supreme leourt of which Denclose a capy it is questionable whether Enclave 02.

his drawing any part of his salary Attorney Genival would not constitute an avoidance of his office as judge and thus he might find himself under

an

old, Ordinance

as

the necessity of resigning the Office of Attorney General.

૧

5. Eran admitting that he could not be regarded ad interim as accepting taking on performing any duty in connection with the office of Attorney General he must be held to be performing

M

the paid office of Judge of the Summary beourt, and in case

in case the section

Vide bec. 5. applicable at all to an Acting fudge

Ordinance

1845

I question whether he would not have

to

resign that past before tatting on

himself the office of Acting Chief -

Judge.

b. As a matter.

have to

for

matter of course he would.

give up his permanent retainers the time, and I am aware

that one

Page 390Page 391

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