CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 327

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Government House,

Hongkong, 21st.September, 1908

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.TONTOTOD

I have the honour to acknowledge the receipt

of Your Honour's letter of the 17th. instant from which I learn

with surprise that Your Honour objects to the projected arrange-

-ments for borrowing the Judge of Shanghai to sit as a Judge of

Appeal in this Colory, on the ground that this arrangement

would make the Judge of Shanghai the Judge of Appeal from the

Chief Justics of Hongkong.

2.

I would remind Your Honour that in your

letter of the 20th. March, 1906, in which you originally drew

attention to the necessity of increasing the number of Judges

of the Supreme Court, you state at paragraph 10 "with only two

Judges, the Judge appealed from must sit; and there is this

extraordinary provision in the law that in case of difference

of opinion the Chief Justice is to have the casting vote,

instead of allowing the judgment appealed from to stand. It

would I think be more satisfactory for the appellate tribunal

to be constituted of two Judges, neither of whom has heard the

case in the Court below". Your Honour adds that Mr. Justice

Wise agreed with that view.

3.

Again in answer to paragraph 4 of my letter

of the 8th. of last February, in which I suggested the possibi- -lity of arranging for an Appeal Court composed of the Judges of Hongkong and Shanghai, Your Honour replied at-paragraph 14 of your letter of the 29th. idem that the Foreign Office would

hardly consent, that there would be difficulties of expense and

uncertainty of time, and that so elaborate a machinery would hardly be necessary to deal with appeals from the Surmary

Jurisdiction