CO129-220 - Governor Sir Bowen - 1885 [1-3] — Page 489

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

486

Jame

witte

a.

rd to the Office of Cleef Justice,

regard

the puisse Judge,

as a judge of

the Courtn

has equal powers and functions with the Cleef

Justice

The is that, there being only two Judges, in caus of Appeal and of difference between the fudges the Chief frutice's decision prevails, and - that to the Chief frative is givers the distributions of the business

of

the Court - The Clues Justice as a rule takes the most important business

only difference between then

of

the Court, both civil and criminal, because

it is expected of him; but there is nothing

to prevent his calling upon the purine Judge

to do so, if he chooses; and the business ow of the Supreme Court, which

the Summary

side

is ordinarily taken by the prisme Judge, and in which claimes legal or equitable to the extent of $1000 are heard, pearly always

wittwut

a jury, is very large. The supreme Court in its Summary Jurisdictions has a larger jurisdiction than the County Courts at home; and the business disposed of init

follows : 12.° of cases

last year was as

16

Commenced 1407. Amt claimed $169051. Th

*

J

No of cases

cases tried 668; Am? awarded $71476.74.

The prccine Judge also almost invariably takes his share of the Criminal work of the Court, and, in cases of Appeal where the Court to unanimous, has naturally a large share in influencing its decision, and, if the Judges differ, the Chief Justice, in overruling the Puisne Judge's decision, naturally does so witte a sense

of Extra responsibility in sodoing -

In case of enforced temporary

absence

the Chief Justice through illness or otherwise, the whole work of the Court, Except such as law be conveniently postponed, necessarily devolves on the purine Judge. This was the case last year. during the temporary absence of the Chief Justice in Japan, and will be so again this year for

a

short period, as it is absolutely necessary that the Chief Justice should again go to Japan to the Battes which did him so much good last year. If the persone Judge is unfit to take that

resporisibility, he is unfit for his port . According to Mor Francis' ideas, however, any practising Barrister would be a perfectly fit man to occupy the position of puisse Judge -

That

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