Page 128
» The China Mail. HONGKONG, THURSDAY, OCT. 21, 1880.
SUPREME COURT. Thursday, Oct. 21.
THE SUPREME COURT SCANDAL.
THE CHIEF JUSTICE AND THE REGISTRAR.
This afternoon a number of cases which have been lying over since Monday last were to come on before the Chief Justice. The Registrar was in Court; the Chief Justice was in his room at the hour fixed, Mr Gibbons was sent for and refused to attend on his Lordship, holding that the cases should be heard in open Court and declining to subject himself, he said, to a repetition of such insults as he had already received from the Chief Justice.
The following were the cases which were on the board :—
IN BANKRUPTCY.
In the matter of Yeong Yee Sze, a bankrupt.—Report of Registrar.
In the matter of Nursey Kessowjee, and ors., bankrupts.—Report of Registrar.
In the matter of Ng Akiu, bankrupt.—Report of Registrar.
IN PROBATE.
In the goods of Son Sui Suen, deceased.—Inventory Account and Scheme of Administration. Petition by Chan Kwong Sung for $10.68.
In the goods of R. T. Mogridge, deceased.—Inventory Account and Scheme of Administration.
In the goods of Tau Seang, deceased.—Inventory Account and Scheme of Administration.
In the goods of Sarah Jane Royston, deceased.—Inventory Account and Scheme of Administration.
In the goods of Alice Windsor, deceased.—Inventory Account and Scheme of Administration.
In the goods of Che Suin, deceased.—Inventory Account and Scheme of Administration.
In the goods of Fook Su Tong, deceased.—Inventory Account and Scheme of Administration.
In the goods of Arthur W. Cunner, deceased.—Petition for grant of Administration.
In the case of Luk To Kwang, deceased.—Petition for grant of Administration.
The message Mr Mossop brought was to the effect that the Chief Justice was waiting for the Registrar.
Mr Gibbons said: Proceedings in Bankruptcy must be heard in Court, and I decline to attend in Chambers. The Ordinance orders the proceedings to be on motion in open Court, not by the Judge in Chambers. I decline to attend. The Judge has insulted me every time I have attended him in Chambers, and I intend to wait upon him no more.
Mr Mossop here left.
The Registrar, asking if any reporter was present, and the Reporter of the China Mail answering in the affirmative, proceeded—I desire what I have just said to be known publicly. I have been waiting here now for half-an-hour, and if the Chief Justice does not choose to attend to them, then these matters, which have been lying over now for three days and are all of a pressing nature, must lie over again, because the Chief Justice thinks that when I go into his Chambers he can keep the Press out and insult me there with impunity, and I don't choose to do it. The last time I attended in Chambers he ordered me out. After that I should be wanting in self-respect if I attended again. It is no part of my duty to attend in Chambers, either as Master of the Court, as Official Assignee or as Registrar. I don't choose to allow my office to be made into the office of Judge's clerk. I wish that to go forth to the public. I have laid a complaint before the Governor, and the Governor has not yet taken any notice of my complaint. Whether he will or not I don't know. I have asked to have the matter referred to the Secretary of State for the Colonies, because I think my treatment here has become a public scandal, and I think that the business of the public is entirely neglected, and I think that the office is falling into a state of confusion, almost as bad as that from which I rescued it. I am forbidden to write to the papers; I am not forbidden to utter my sentiments, and only desire now to make a public utterance.
I have been six months in the Colony; I believe I have worked as hard as any man, and I have put things as straight as it is possible for any man to put them; but I have never had my duties defined in any way, and I do not to this day know what fees are properly leviable in respect of the business done in this Court. I have looked through all the scales of fees, have examined them carefully and I do not find one of the scales applicable to the present state of things. I say that that is entirely due to the neglect of the Chief Justice, by whom only, acting with the Executive, can a scale of fees be imposed. That man has, since 1864, neglected his duty in this matter of the scale of fees. I have addressed the Governor on the subject; nothing yet has been done.
In the matter of Ng Akiu, a bankrupt, I can do nothing. The Chief Justice will not sign the papers. A creditors' assignee was chosen, but I can do nothing. The Chief Justice says I ought to hand him the papers, I say I am not his clerk, not his servant. I decline to do that which is no part of my duty. I declined to have anything to do with that bankruptcy because I believed it has to do with the keeping of brothels. An official assignee was appointed, and the Chief Justice will not sign the papers unless I hand them to him personally. If that is a good reason all well and good. I don't think it is a good reason. As a Solicitor I say it is a very bad one.
I believe my experience is as great as that of any one in this Court, both as a judicial officer and as a practising barrister. I was Chief Judicial Officer of the City of London for several years, and I say that in my opinion the Chief Justice is doing what he ought not to do. These are matters which concern the public more than they concern me, because I am utterly indifferent whether I keep the position or not. If the Governor would only furnish me with the means to go home, I should go home to-morrow, so sick am I of being here. I have experienced treatment since I have been here much as no official in my position would ever stand, and such as no official has ever been subjected to before. If I had not been the mildest of men I might have been forced into doing something which I dare not contemplate.
Calling the Usher of the Court, Mr Stockhausen, the Registrar then asked him ...
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The China Mail.
HONGKONG, THURSDAY, OCT. 21, 1880.
SUPREME COURT. Thursday, Oct. 21.
THE SUPREME COURT SCANDAL.
bewonderwom
THE VBIEF JUSTICE AND THE REGISTRAE.
This afternoon a number of cases which have been lying over sincs Monday Just were to come on before the Chief Justice. The Registrar was in Court; the Chief Jus tice was in his room at the hour fixed, Mr Gibbons was sent for and refused to attend on his Lordship, holding that the cases should be heard in open Court and declio- ing to subject himself, he said, to a repeti. tion of such insults as he had already re- ceived from the Chief Justice.
The following were the cases which were on the board :—
IN BANKRUPTCY.
In the matter of Yeong Yee Sze, a bank. rupt.-Rsport of Registrar.
In the matter of Nursey Kessowjeu, and ors., bankrupts,--Report of Registrar.
In the matter of Ng Akiu, bankrupt. Report of Registrar.
IN PROBATE.
In the goods of Son sui Suen, deceased. › -Inventory Account and Scheme of Ad- ministration. Petition by Chan Kwong
Sung for $10.68.
In the goods of R. T. Mogridge, deceas ed.-Inventory Account and Scheme of Administration.
In the goods of Tau Seang, decoused.- Inventory Account and Echeme of Admin. istration.
In the goods of Sarah Jane Royston, de- ceased. inventory Account and Scheme of Administration.
In the goods of Alice Windsor, deceas$1. Inventory Account and Sobeme of Ad- ministration.
In the goods of Che Suin, deceased.-In ventory Account and Scheme of Adminis tration.
In the goods of Fook Su Tong, deceased. Inventory Account and Scheme of Ad- ministration.
In the goods of Arthur W. Cunner, de- ceased. Petition for grant of Administra- tion.
In the cans of Luk To Kwang, deceased. Petition for grant of Administration."
The message Mr Mossop brought was to the effect that the Chief Justice was waiting for iho Registrar.
Mr Gibbons said: Proacedings in Bank- ruptcy must be heard in Court, and I decline to attend in Chambers. The Or- diuance orders the proceedings to be on motion in open Court, not by the Judge in Chambers. I dec in to attend. The Judge has insulted me every time I have attended him in Chambers, and I intend to wait upon him no more.
Mr Mossop bere left.
The Registrar, asking if any reporter was present, and the Reporter of the China Mail answering in the affirmative, proceed- ed-I desire what I have just said to be know a publicly, I have been waiting here now for half-an-hour, and if the Chief Jus tice does not choose to attend to them, then these matters, which have been lying over now for three days and are all of a pressing
nature, must lie over again, because the Chief Justice thinks that when I go into his Chambers he can keep the Press out and insult me there with impunity, and I don't choose to do it. The last time I at- tended in Chambers he ordered me out. After that I should be wanting in self- respect if 1 attended again. It is uo part of my duty to attend in Chambers, sither as Master of the Court, as Oficial Assignee or as Registrar. I don't choose to allow my office to be made into the office of Judge's clerk. I wish that to go forth to the public. I have laid a complaint before the Governor, and the Governor has not yet taken any notice of my complaint. Whether bo will or not I don't know, I have asked to have the matter referred to the Secretary of State for the Colonies, because, I think my treatment here has become a public scandal, and I think that the business of the public is entirely neglected, and I think that the office is falling into a state of com- fusion, almost as bad as that from which I rescued it. I am forbiden to write to the papers; I am not forbidden to utter my sentiments, and only desire now to make a publio utterance. I have been six mouths in the Colony; I believe I have worked as bard as any asn, and I have put things as straight as it is possible for any man to put then; but I have ever had my duties defined in any way, and I do not to this day know what fees are properly leviable in respect of the business done in this Court. I have looked through all the scales of fees, have examined them carefully and ! i do pot find one of the scales applic ablo to the present state of things. I say that that is cutirely due to the neglect of the Chief Justice, by whom only, acting with the Executive, can a scale of fees be imposed. That man hias, since 1864, ne- glected bis duty in this matter of the seale of fees. I have addressed the Governor on the subject; nothing yet has been done. In tho matter of Ng Astu, a bankrupt, I can do nothing. The Chief Justice" will not sign the papers. A creditors' assignee was chosen, but I can do nothing. The Chief Justice says I ought to hand him the I am I say I am not bis clerk, papers, Dot his servant. I declino to do that which is no part of my duty, I declined to have anything to do with that bankruptcy be- cause I believed it has to do with the keep- ing of brothele. An official assignee was appointed, and the Chief Justice will not siga the papers unless I hand them to him personally. If that is a good season all well and good. I don't think it is a good reason, As a Solicitor 1 say it is a very bad one. I belleve my experience is as great as that of any one in this Court, both as a judicial officer and as a practising barrister. I was Chief Ja- dicial Officer of the City of London for se- veral years, and I say that in my opinion the Chief Justice is doing what he ought not to do, These are matters which con- cern the public more than they concern me, because I am utterly indifferent whether i keep the position or not. If the Governor would only furnish me with the means to go home, I should go home to-morrow, so sick am I of being here. I have experienc ed treatment since 1 have been here much as no oficial in my position would ever staud, and such as no official has ever been sabjected to before. If I had not been the mildest of men I might have been forced into doing something which I dare not con- template.
Calling the Usher of the Court, Mr Stockhaugen, the Registrar theu asked him
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