CO129-220 - Governor Sir Bowen - 1885 [1-3] — Page 485

Letter from

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Eve losure 1.

tw. Francis, 13 arrister at laur to the Colonial Secretary

Bauk Buildings, Hongkong,

24th February, 1585. Sir. It is currently reported in the Colony that Mr. Justice Bussoll is going on leave and will probably be absent from Hongkong for twelve months or more, that the Registrar of the Supreme Court is to be appointed Acting Puisne Judge in his place, and that Mr. Wise is to take. the position of Acting Registrar.

2.I sincerely hope that no such arrangement has been or will be made, and I respectfully sub- mit for the consideration of His Excellency the Governor that, if avy such arrangements are made, they will seriously affect the working of the most important department of the Supreme Court and seriously impede the administration of Justice.

3-It is quite had enough that the public should lose, even for a period, the valuabio ser- vices of Mr. Justice Russell on the Beach, but vacation leave for long periods at certain stated i intervals are necessary incidents of official life in the East, and Mr. Russell will return to ns, I hope, with renewed health and strength before very long. But, because the Bench mast, un- avoidably, be weakened by the absence of the Puisne Judge, there is no reason why another great department of the Supreme Court should be disorganized and thrown into confusion or even weakened.

4.The Registrar is, in the administration of Justice in this Colony, a far more important official than the Puisue Judge, his duties are far more onerous and responsible. It needs, to pro- perly fill the post, an older man, a man of greater business knowledge and wider experience, a man differently trained than is required for the office of Puispe Judge. The latter is the place of honour, the higher office in the publio oye, but, as the Court is constituted at present, it involves but little responsibility, and any ordinarily cap ablo barrister can fill it with credit. The ultimate decision in almost all cases rests with the Chief Justice, and in almost all matters his Prisne would naturally consult with and be guided by him. Mr. Wise is fully competent to take Mr. Russell's place, and in the opinion of every member of the profession would fill it with credit to himself and without any incon venience to the public. Mr. Bussoll has seldom any arrears of work. There would be nothing for Mr. Wise to take up or take over. With Sir George Phillippo to refer to, mistakes in dealing with the current run of cases in the sum mary jurisdiction would be almost impossible. Mr. Wise's place in the Magistracy is easily filled, without inconvenience to any one.

5.-The Registrar of the Supreme Court in addition to the duties implied by the title of his office, duties now admirably performed as a rule by his deputies, is a judicial or semi-judicial offeer entrusted by the court with the conduct of inquiries and the examination of intricate

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C. O.

7062

REC?

482

REGE 21 APR 35,

matters of account requiring special knowledge and experience and demanding time and atten- tion. The court is largely guided in its judg- ments on such matters by his reports. He is Official Trustee. He is Official Administrator. He is Official Assigues in bankruptcy. Te is receiver in many cases in which the aid of the court has been invoked in winding up states, settling accounts, adjusting complicated rights and interests, safeguarding the property of in- fants and others. In these different capacities he is owner of a number of properties and is on the register as owner; he is the custodian of various funds, responsible not merely to the court but to the persons interested, directly and indirectly for their collection, safe onstody, To has in hia and prudent investment. hands a very considerable number of estates each of them requiring all his knowledge, all his experience, all bis skill and care to get in, dis- entangle, mauage, invest, and secure or distri- bate. These different managements are each in a different stage, some just commencing, others nearly completed. If be becomes Acting Judge he must hand over and transfer to another! all these different inquiries, intores. properties as they stand, close his accounts with eaob, hand over and verify his balances, his title deeds, aud his securities. He must, further, communicate to his successor the history and eircumstancOS of each estate. Of course he cannot keep any of them in his own hands or under his control. It would be intolerable that in any matter in : which he might be called on to act as judge he: should be directly or indirectly as party. The supervision of the Registry and its affairs is not in the bands of the Puisne Judge. The Chief Justice exercises whatever judicial control exercised over these matters, and he nota mainly on the advice and representation of his experi- euced Registrar and man of hasinoss.

6. Mr. Ackroyd has been spacially selected and sent out from home to take charge of this important part of the Court work, reorganise it and carry it on. He has done so to the satis faction of every one. No mau could perform the duties of the office better. His knowledge and experience, his industry and attention to business, his courtesy and kindness to all, are gratefully acknowledged by every member of the profession in both its branches. Why should he be taken away from this work which he does so well, and put into a position, for which he is undoubtedly qualified, but for which others are just as well qualified, and why, without any necessity whatever, is the management and con- irol of the important departments over which he now so ably presides to be transferred for twelve monthe or more to a gentleman who, from his age and position, cannot have had any experi- ones in business or with acconuts? It is no

disparza t

This letter has been published by Mr. Francis

in the local Press; so a

forwarded-

- printed copy