CHAMBERS, SUPREME COURT, HONGKONG, 24th December, 1907.
SI--I am obliged for Your Excellency's letter of 21st instant allowing me to supplement what I have already written on the subject
of the Rule of Court extending the vacatious of the Supreme Court in its Original Jurisdiction. The possibility of my action being opposed by the Chamber of Commerce did not occur to me when I forwarded the Kule of Court to Your Excelleney: Imt it seems advisable that I shoubi inform Your Excellency of the reasons which have led to its heing made.
2. Dissatisfaction with the existing state of things had been expressed for some time past by both sides of the profession: by the Bar, that the present very short "Long Vacation" did not enable them to get a reasonable holiday, by the solicitors, that the barristers went for a holiday whenever it pleased them, thus causing a dislocation in the work- ing of the Courts, This year, to put the matter quite concisely, the Pur took an abnormally long holiday; and work was practically suspended from August 1 for 3 months. The leading barristers also intimated their intention of taking a long holiday regularly every year, as the strain of work was such as to render it indispensable." It became necessary therefore to take some steps to put the matter on a satisfactory basis. After many consultations with the members of the Bar, and the leading solicitors, an agreement was arrived at that the Long Vacation should be definitely extended to two months, in order to enable a moderately long holiday to be taken, the dates, arranged in consultation, being determined with regard to the probability of fine cool weather in the North. All were agreed that the coutinnous strain of legal work through the hot weather was more than the human frame and brain could stand, and that there is no longer any reason why the practice in England, and I believe most other places, should not be followed. The solicitors were agreeable, more especially as the result of the new arrange- ment will be that there is a tacit understanding that the Bar will con- form to the now dates in taking their annual holiday. So far as the public is concerned they will not suffer, but the reverse. Many of the delays in getting cases brought on for trial occurred owing to the unforeseen absence of Counsel. I may add that the powers of all con cerned were taxed to their utmost lust summer, and even if the Bar had not taken the holiday which they did, no more cases could have been disposed of.
3. On the other hand I have agreed to slightly extend what is known as Vacation business, chiefly in respect of Bankruptey matters, the Bankruptcy Court will in future sit regularly during the Long
Vacation.
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4. The expression I have used above-that there is no longer any reason why the practice in England should not be followed-needs some explanation.
Prior to the Ordinance passed in 1898 there was no Long Vacation, and it was with the utmost difficulty that the solicitors were persuaded to consent even to a month. It is well known that the attitude which they took up was that they were here to make money, and desired to make it in as short a time as possible: they therefore objected to any cessation of Court work. But the attitude of the present generation of solicitors bas completely changed: chiefly for the reason that in near- ly all the firms there are now two or more partners at least, and the custom which prevails at the present time is that one partner is nearly always at home for at least a year's holiday.
5. So far I have not referred to myself. But I may add that con- tinnons sitting in a close Court during the intense heats of the suminer is more than trying, and that the need of a reasonably long vacation is very great. I have, &c.,
F. T. PIGGOTT, Chief Justice.
CHAMBERS,
8th February, 1908.
My dear HEWETT-May I very carnestly beg yon to reconsider your position in regard to the Law Society and the Vacation.
It hus I hear been slyly suggested that they have been influenced by me and have accepted the proposal in order to please me. is more ridiculons.
Nothing
Bat the point I want you to weigh in your mind is this. The Law Society has been created by the Solicitors themselves in order that there may be some recognised Body representative of the Profession. The Committee are elected by the whole body. Discipline is as neces- sary in the ordinary affairs of life as in the Services; and it is subversive of all discipline if directly a member of the Profession does not like what the Committee decide, he can get hold of a member of Council and re-open the whole question. It is not a question of hearing the other side; there is no other side after the question has been decided by the whole ('ommittee. It magnifies the rights (or wrongs) of the minority, and would make work impossible.. It is difficult enough to get people in the Colony to undertake work on Committees, but it seems to me that it will be a serious blow struck at such organizations as we have
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