CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 74

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

72

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idea seems to be that if there is a spare afternoon a case can

car

be called on and be disposed of. What I have to say on this head

and/be

applies as well to Summary as to Original Jurisdiction, but it

is a question which I gather Mr. Smith knew nothing about or at

least never concerned himself with.

Getting a case ready for hearing involves a

great deal of work, both by solicitor and barrister. It is

quite impossible to imagine that a barrister can have a dozen

cases in his head ready for argument at a moment's notice. They

have to work here without juniors, and therefore have to do all

the drudgery themselves; looking up cases, reading masses of

papers, in addition to thinking out argument and shaping the

case. And the solicitors have to be prepared with all sorts of

documents, with notes of evidence, and a dozen other things;

above all they have to get their witnesses ready, and anyone

who knows the Chinese knows how important it is to give them

fixed date when they are to come to Court, so that they may

make their preparations accordingly; the Court cannot try cases

without the witnesses; and even in such a case as the falling

through of a long case, as recently occurred owing to the

sudden death of Fr. Danby who was a witness, it is practically

impossible to advance other cases for hearing, though it would

evidently be for the interests of all parties concerned to do

80

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