CO129-334 - Governor Nathan - 1906 [5-7] — Page 148

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

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-ates postponements of hearing and produces a congestion of work.

Mr. Justice Wise had occasion recently to remark on the pro-

-crastination of the Bar; and if the Bench were firm, Barristers,

Solicitors, and litigants would soon toe the line of punctuality.

1 do not understand why a heavy case should

produce a deadlock: it does not do so in England. An action known

as the Li Sing Will Case occupied the Full Court 18 days a few

years ago, and the Cheung Sha Wan Case claimed the attention of

the Full Court for, I think, 18 days early last year, but in

neither case was either a deadlock or any confusion caused.

When I was laid up for a fortnight in

February, 1905, the Chief Justice Sir Henry Berkeley did my work

as well as his own and in 1904 when Mr. Justice Wise was similer-

-ly laid up no deadlock or confusion occurred.

7.

With reference to paragraph 7, I do not

deduce a threatened deadlock from the work enumerated. The diary

of work seems to show merely that the time of the Chief Justice

is fully booked up to the end of April in which there is a

vacation during which he can prepare any reserved Judgments.

I have already shown how the work has been

carried on during the temporary absence of a Judge.

Judges in England plod through the list of

cases each term not being anxious about the morrow, but letting

the morrow take care of itself.

As soon as litigants and the legal profes-

-sions are inconvenienced by the paucity of Judges and the delay

in hearing actions resulting therefrom, they will not hesitate

to ask for an addition to be made to the Bench.

8.

Paragraphs 8 and 9, in my judgment, throw

a flood of light on the reason of the Chief Justice's proposal.

He has come from a Colony where the system of law and practice

is

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