procured from the Governor a decision that he alone was the responsible head of the department, and that all communications were to go through him. As I had never raised the question, and should not have felt any objection but that he claimed also the right of refusing to forward such letters as did not meet his approval, I thought it well to ascertain what the previous practice had been, and thereupon examined the office letter book for that purpose, when I found that between August, 1872, and July, 1880, (the period during which letter books had been kept), ninety-six letters had been addressed by the Registrar to the Colonial Secretary direct, and that the Chief Justice had never before claimed to be the medium of communication.
On July 30, 1880, the Chief Justice addressed to me a long letter, in which, among other things, he says: "I hope you will not again assert that you are not a subordinate officer of the Supreme Court. Your persistence in that assertion has compelled me to insist on my authority with a peremptoriness as painful to myself as it possibly has been unpleasant to you." What could have prompted him to make this statement I am unable to conceive, seeing that I had never on any occasion asserted that I was not a subordinate officer of the Supreme Court, nor had I endeavoured to do anything more than clear off the arrears of business which had been accumulating for so many years.
When the Chief Justice, in open Court, had told me that I was only his clerk, I had indeed said that I was not his clerk, and that if I thought that my office made me his clerk, I should not retain it—that my office of Clerk of the Crown was of a totally different character to that of a Judge's clerk.
On the day following the receipt of the last-mentioned letter the Colonial Secretary, at the request of the Governor, sent for some inquisitions of which I had the custody. I immediately despatched a messenger to the Chief Justice for instructions (he being then at the Peak, the summit of the Hong Kong mountains, where the climate was ten degrees cooler than where I was compelled to live). The messenger returned in the evening with a letter, which failed to afford the necessary information. I again sent him for an explanation, and after three days received instructions on which I was able to act.
In support of his claim to be the responsible head of my office, he removed several of the documents which had been in my charge, none of which were ever returned during the time I was in the Colony, although repeated requests were made.
In one case, "In re Robartes, deceased," the Governor, through the Colonial Secretary, asked me for a report and opinion as to the right of the Crown to certain funds in the Registry standing to the credit of Robartes, deceased. On examination of the papers, I advised that the money belonged to the personal representatives of the deceased, and that the Crown had no right whatever to any portion. My opinion, as expressed, appears to have given offence to the Chief Justice, for he mentioned it to me, and said that there was no occasion for my having expressed it, as the Robartes family were rich, and did not want the money; while, if the Crown's right had been admitted, the Governor would have granted the money to some persons who were in need. He thereupon took possession of the papers relating to the case, and never returned them.
To the letter of the Chief Justice dated July 30, before quoted, I returned an answer on August 2, in which I adverted to his insulting treatment of me, and asked that a copy should be forwarded to the Governor, to whose notice I was desirous that my position should be brought;
Page 22
...
266
6
procured from the Governor a decision that he alone was the responsible head of the department, and that all com- munications were to go through him. As I had never raised the question, and should not have felt any objection but that he claimed also the right of refusing to forward such letters as did not meet his approval, I thought it well to ascertain what the previous practice had been, and thereupon examined the office letter book for that purpose, when I found that between August, 1872, and July, 1880, (the period during which letter books had been kept), ninety-six letters had been addressed by the Registrar to the Colonial Secretary direct, and that the Chief Justice had never before claimed to be the medium of communication.
On July 30, 1880, the Chief Justice addressed to me a long letter, in which, among other things, he says: "I hope you will not again assert that you are not a subordinate officer of the Supreme Court. Your persistence in that assertion has compelled me to insist on my authority with a peremptoriness as painful to myself as it possibly bas been unpleasant to you." What could have prompted him to make this statement I am unable to conceive, see- ing that I had never on any occasion asserted that I was not a subordinate officer of the Supreme Court, nor had I endeavoured to do anything more than clear off the arrears of business which had been accumulating for so
many years.
When the Chief Justice, in open Court, had told me that I was only his clerk, I had indeed said that F was not his clerk, and that if I thought that my office made me his clerk, I should not retain it--that my office of Clerk of the Crown was of a totally different character to that of a Judge's clerk.
On the day following the receipt of the last-mentioned letter the Colonial Secretary, at the request of the Gover
22
nor, sent for some inquisitions of which I had the cus- tody. I immediately despatched a messenger to the Chief Justice for instructions (he being then at the Peak, the summit of the Hong Kong mountains, where the climate was ten degrees cooler than where I was compelled to live). The messenger returned in the evening with a letter, which failed to afford the necessary information. I again sent him for an explanation, and after three days received instructions on which I was able to act.
In support of his claim to be the responsible head of my office, he removed several of the documents which had been in my charge, none of which were ever returned during the time I was in the Colony, although repeated requests were made.
In one case, "In re Robartes, deceased," the Governor, through the Colonial Secretary, asked me for a report and opinion as to the right of the Crown to certain funds in the Registry standing to the credit of Robartes, deceased. On examination of the papers, I advised that the money belonged to the personal representatives of the deceased, and that the Crown had no right whatever to any portion. My opinion, as expressed, appears to have given offence to the Chief Justice, for he mentioned it to me, and said that there was no occasion for my having expressed it, as the Robartes family were rich, and did not want the money; while, if the Crown's right had been admitted, the Governor would have granted the money to some persons who were in need. He thereupon took possession of the papers relating to the case, and never returned
them.
To the letter of the Chief Justice dated July 30, before quoted, I returned an answer on August 2, in which I adverted to his insulting treatment of me, and asked that. a copy should be forwarded to the Governor, to whose notice I was desirous that my position should be brought;
266
No comments yet.
Private notes are available after approval.