CO129-164 - Sir Kennedy - 1873 [7-9] — Page 78

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76

کی

Clangt Yong

No144.

3th July, 1479

Governor

3.

I's Antin Kamedy. Remer. B

to

The Night Omrable

The Garl

Mr Ball,

of Shimbarley-

the

Summary Court of

low

Transmits Memorial

Itrial

from the Community

of Supreme Court by-

cases in the

as to

MEMORIAL TO H.E. THE

GOVERNOR.

The subjoined memorial has been for- warded to Ë. E, the Governor, signed by mem

bers of the Legislative Council, and of the legal profession, a very large number of special jurors, common jurors, justices of the peace, and others, including all the leading mer chants, bankers, and residents of Hong- kong. The signatures number upwards of one hundred, and embrace the names of numerous foreign houses, the American and German commercial communities being fully represented, as well as the Euglish:- To H.B. Sir ARTHUR KENNEDY, &o., &c.

The memorial of the undersigned residents

of Hongkong, bumbly sheweth 1.-That acting under the provisions of Sac- tion XXXIV. of Ordinance 7 of 1863, and under the directions of his Honor the Chief-Justice, the Hon. H. J. Ball, Judge of the Court of Summary Jurisdiction, has recently presided at the hearing of several important civil and oriminal cases in the Supreme Court.

2.-That there has been nothing in the state of the Supreme Court to necessitate buis

course.

3. That your memorialists entertaiu a high sense of the services performed by Mr. Ball during his tenure of office in the Colony, but they cannot conceal from themselves that the lamentable infirmity of health under which that gentleman has unfortunately suffered for so long a period, renders it extrongly undesir- able that he should undertake the functions of the Chief-Justice, even when it does not alto- gether incapacitate him from performing them. 4. That it is with much pain and reluctance that your memorialists now fcel bound to point your Excellency's attention to this matter, but in view of its important bearing upon the dus administration of Justice, and the confidence of the community in the highest tribunal in the Colony, they soo strong reasons for no longer preserving silence.

5. That under all the circumstances, your memorialists are strongly of opinion that the power now reated by Section XXXIV. of Ordinance 7 of 1862, in the Chief-Justice, should be vested in the Governor of the Colony alone, and they respectfully beg that your Excellency may be pleased to introduce to the Legislative Council an ordinance repeal. ing that section, and modifying it in such a way as to confer upon the Governor of the Colony for the time befug, the sole power of appointing * fit and proper person to preside at the trials at the Supreme Court, in the place of the Chief Justice, upon just occasion.

And your memorialists will over pray, &c.g *o.

3 Undesires

(See over. )