SIR,
26
# APPENDIX No. 4.
The Hon. F. STEWART, LL.D., Acting Colonial Secretary.
THE SUPREME COURT, Hong Kong.
7th Sept., 1880.
I have the honour to acknowledge the receipt of your letter No. 1,125 dated Sept. 4, 1880, in which His Excellency the Governor invites me to explain my meaning as to the case I asked to have referred to the Colonial Office. I have to thank His Excellency for affording me the opportunity which I shall now endeavour to make available.
When I accepted my appointment my first inquiry was as to the mode by which I was to communicate with the Government. I had been furnished with a copy of the Commissioners' Report of May 19, 1879, which showed clearly that some reform was necessary, and I felt that it would be advisable from time to time to make suggestions to the Government. Had I been told that the Chief Justice was the proper medium I should at once, for obvious reasons, have declined the appointment; but the answer to my inquiry was that the medium of communication was the Colonial Secretary.
27
Accordingly, when I landed in the colony I called first on His Excellency the Governor, who received me with distinguished courtesy, then on the Colonial Secretary and then on the Chief Justice, and the reception I met with was such that only the respect I felt for the office he held prevented me from giving expression to my feelings. It was manifest by his conduct that my advent afforded him no satisfaction, but having resolved to enter upon my duties and perform them with as little friction as possible, I affected to disregard the discourtesy with which he treated me. On my taking over the office every interview I had with the Chief Justice was equally unsatisfactory, until matters culminated towards the end of May. I was then thoroughly wearied out and told him frankly that I could not bear with his treatment any longer; on which he expressed himself in a manner which led me to believe that a better understanding would prevail, and thereupon I accepted an invitation which he then and there gave me to a dinner at his house.
After this there seemed to be a better feeling on his part, and I continued the work in the office. The question of audit then arose, and the Chief Justice sent me a memo asking my opinion on the capacity of Mr. Freire to act as auditor of the accounts, but as he was an officer belonging to another department over which I had no control, and I had had no previous acquaintance with him I declined to express any opinion on his capability and gave my reasons.
This appears to have given offence to the Chief Justice, for immediately afterwards he raised the question as to whether he or I was the responsible head of the office. This question I evaded, for though I believed myself to be the responsible head of the office, yet I was anxious not to offend by saying so. Then arose the question of the medium of communication which His Excellency has decided contrary to what I conceive to be the understanding with which I left England.
It soon became evident to me that the Chief Justice was not desirous that I should proceed with winding up the bankruptcies with which the convict Huffam was connected, for when I first mentioned them to him, he angrily demanded to know at whose instigation I was acting, and when I answered, as was the fact, that I was not prompted by any one, he contradicted me in a rude manner, and said he knew Mr. Brereton had "put me up" to doing what I was then about, which was not the fact, although I have since been in communication with Mr. Brereton's firm (who represents some of the creditors) on the subject. Not only did the Chief Justice act discourteously towards me when I met him in Chambers, but he treated me publicly in such a manner that the Press commented on his behaviour on more than one occasion. I had previously brought to the notice of His Excellency a passage in one of his judgments (sent to the Press for publication) which reflected most strongly on my character for honesty and integrity, but on which no further steps have yet been taken.
Notwithstanding all these annoyances I have continued the work of my office and have reduced that which I found in the utmost disorder to something like order and regularity. However, now that I have come to the point of dealing with the bankruptcies
276
SIR,
26
APPENDIX No. 4.
The Hon. F. STEWART, LL.D., Acting Colonial Secretary.
THE SUPREME COURT, Hong Kong.
7th Sept., 1880.
I have the honour to acknowledge the receipt of your letter No. 1,125 dated Sept., 4, 1880, in which His Excellency the Governor invites me to explain my meaning as to the case I asked to have referred to the Colonial Office. I have to thank His Excellency for affording me the opportunity which I shall now endeavour to make available.
When I accepted my appointment my first inquiry was as to the mode by which I was to communicate with the Government. I had been furnished with a copy of the Commissioners' Report of May 19, 1879, which showed clearly that some reform was necessary, and I felt that it would be advisable from time to time Had I been told that to make suggestions to the Government.
the Chief Justice was the proper medium I should at once, for obvious reasons, have declined the appointment; but the answer to my inquiry was that the medium of communication was the Colonial Secretary. Accordingly, when I landed in the colony I called first on His Excellency the Governor, who received me with distinguished courtesy, then on the Colonial Secretary and then on the Chief Justice, and the reception I met with was such that only the respect I felt for the office he held, prevented me from giving expression to my feelings. It was manifest by his conduct that my advent afforded him no satisfaction, but having resolved to enter upon my duties and perform them with as little friction as possible, I affected to disregard the discourtesy with which he treated me. On my taking over the office every inter- piew I had with the Chief Justice was equally unsatisfactory, until matters culminated towards the end of May. I was then thoroughly wearied out and told him frankly that I could not
27
bear with his treatment any longer; on which he expressed him- self in a manner which led me to believe that a better under- 'standing would prevail, and thereupon I accepted an invitation which he then and there gave me to a dinner at his house. After this there seemed to be a better feeling on his part, and I con- tinued the work in the office. The question of audit then arose, and the Chief Justice sent me a memo asking my opinion on the capacity of Mr. Freire to act as auditor of the accounts, but as He was an officer belonging to another department over which I had no control, and I had had no previous acquaintance with him I declined to express any opinion on his capability and gave my reasons.
This appears to have given offence to the Chief Justice, for immediately afterwards he raised the question as to whether he or I was the responsible head of the office. This question I evaded, for though I believed myself to be the respon- sible head of the office, yet I was anxious not to offend by saying so. Then arose the question of the medium of communication which His Excellency has decided contrary to what I conceive to be the understanding with which I left England.
It soon became evident to me that the Chief Justice was not desirous that I should proceed with winding up the bankruptcies with which the convict Huffam was connected, for when I first mentioned them to him, he angrily demanded to know at whose instigation I was acting, and when I answered, as was the fact, that I was not prompted by any one, he contradicted me in a rude manner, and said he knew Mr. Brereton had "put me up" to doing what I was then about, which was not the fact, although I have since been in communication with Mr. Brereton's firm (who represents some of the creditors) on the subject. Not only did the Chief Justice act discourteously towards me when I met him in Chambers, but he treated me publicly in such a manner that the Press commented on his behaviour on more than one occa- sion. I had previously brought to the notice of His Excellency a passage in one of his judgments (sent to the Press for publica- tion) which reflected most strongly on my character for honesty and integrity, but on which no further steps have yet been taken. Notwithstanding all these annoyances I have continued the work of my office and have reduced that which I found in the utmost disorder to something like order and regularity. However, now that I have come to the point of dealing with the bankruptcies
276
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