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Sir,
403
Government House,
Hongkong, 10th. March, 1908.
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..08,TOKAYOD
I have the honour to acknowledge the receipt of Your Honour's letter of the 29th. ultimo in which you request me to direct that matters affecting the personnel of the
Registry of the Supreme Court shall be referred to you as Head
of that Department.
2.
In reply I have to point out that the
status of Head of the Registry has always been accorded to the Registrar and was officially given to him in the year 1883 on
the representation of the then Chief Justice, Sir George Phillip- -po, who made the following observations:- "The Registrar is certainly in my opinion Head of the Registry Department of the Supreme Court, having as I conceive the status which is accord-
-ed to Heads of other Departments. I do not consider the Judges
as being the Heads of any Department under the Government. At
the same time, as it seems to me, it was never intended to make him independent of the Judges. In all matters he must act accord- -ing to their directions unless it is in contravention of
positive orders of the Executive, in which case it would be
open to the Judges to remonstrate and if they considered it
necessary to appeal to the Secretary of State".
3.
With regard to the forthcoming changes in the staff at the Registry the conditions of the service, whereby officers are entitled to take long leave of absence at certain
periods, necessitate from time to time, as Your Honour is aware, a general re-arrangement of the staff in the various Depart- -ments. The Colonial Secretary, responsible to me for the
efficient conduct of the Executive work of the Government, including that of the Registry, makes such recommendations as to the granting of leave and the apportionment of duties as he
considers most suited to the necessities and convenience of the
public service and submits them to me for confirmation.
4.
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