CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 328

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Jurisdiction. Mr. Wise, whose minute you enclosed, wrote:-

*The chief argument in favour of the change is the question of

appeal. As at present constituted the appeal Court consists of

from the Chief Justice and the Puisne Judge, one of whom the appeal necessarily lies, and the Chief Justice has the casting vote. The

result is that any one who has the money will appeal against

the decision of the Pulsne Judge (in consequence of the casting

vote), but that no one will appeal against a decision of the

Chief Justice unless he intends to carry the case to the Privy

Council". Your Honour characterizes this as a very cogent

remark; but I cannot find that either then or at any other time

you have objected to the proposal that the Judge of Shanghai

should sit here as a Judge of Appeal on the ground that it

would constitute him a Judge of Appeal against yourself. On the

contrary it appears to have been for that very reason among

others that Your Honour has advocated the appointment of a

Third Judge in this Colony.

4.

I trust therefore that on further considera-

-tion Your Honour will withdraw the suggestion that I should

cable to the Secretary of State to the effect that the proposed

arrangement would in Your Honour's opinion be objectionable as

constituting the Judge of Shanghai a Judge of Appeal from the Chief Justice of Hongkong: and I do not doubt that before the

arrangements are concluded the details will be communicated to

me by Lord Crewe, in which case I shall not fail to inform Your

Monour.

Honour

The Chief Justice.

I have etc.,

(Sd.) F. D. Lugard,

Governor,&C..