CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 76

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

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-fore the proposal was in my opinion not only ineffective but

inopportune.

14.

Your Excellency has suggested that an

efficient Appeal Court might be formed by composing it of the

Judges of Hongkong and Shanghai. The Foreign Office would hardly

consent unless reciprocal action were agreed to for dealing

with appeals from Shanghai, in which case one of the two Hong-

-kong Judges would have occasionally to go to Shanghai, which

there is no time for him to do. But even if the Shanghai Judge

ware to come to Hongkong, there are many difficulties in the

way; expense and uncertainty of time when he would be required,

and for how long. And then so elaborate a machinery would hardly

be necessary to deal with appeals from the Summary Jurisdiction.

Mr. Wise has made in a minute which I have asked him to prepare

to enclose with this letter, some very cogent remarks upon this

appeal question.

I think it right to add this in connexion

with Your Excellency's suggestion, that it touches on the

weakest spot of the administration of justice in the Colonies.

If such a tribunal could be constituted for Hongkong Shanghai

and the Straits, as an intermediate Court of Appeal between the

different Supreme Courts and the Privy Council, it would be an

inestimable

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