CO129-333 - Governor Nathan - 1906 [1-4] — Page 104

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

102

Magistrate's decision would be of right on points of law

and with permission of the Magistrate on points of fact.

He would allow appeal as now to the Supreme Court as an

alternative to appeal to the new Court but not appeal from

the latter to the Supreme Court. He gives reasons why he

considers the fixing of a low scale of fees for Barristers

and Solicitors in criminal appeals to the Supreme Court

would militate against that Court being assisted in the

manner it now is in coming to a decision.

6.

Sir Francis Piggott without giving

a definite opinion as to the constitution of the proposed

new Court agrees with the suggestion that there should be

an intermediate Court of Appeal from the Magistrate at

which Solicitors should have the right of audience. He

would not however eliminate the right of appeal from the

Magistrate's decision direct to the Supreme Court nor pro-

-hibit appeals by leave from the new Court to the Supreme

Court.

7.

In the face of such diverse

opinions from the legal authorities of the Colony, I

should be glad of any guidance Your Lordship can afford me

in the matter. I have ascertained that there is no pro-

-vision in the Straits Settlements for appeals against the

decisions

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