CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 329

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sir,

Chambers,

Supreme Court, Hongkong,

23rd. September, 1908.

In reply to Your Excellency's letter of

21st. instant on the subject of the proposed appointment of the

Judge of Shanghai as a Judge of Appeal in Hongkong, which I have the honour to acknowledge, I should inform Your Excellency that

my letter of 17th. instant, was necessarily very brief, as it

would be impossible to refer to all the details of the subject

which are involved in the proposal. My letter was therefore I

fear not very clear. It is not however necessary now to go into

all those details until we see what the scheme is; and without

going into the matter at length I do not think I can have said anything which could be construed into concurring in Your Excel-

-lency's scheme. The only remark which it is necessary to make

now is that the question of bringing the Judge down from Shanghai

involves very different issues from those raised by the question

of appointing a third judge.

2.

The formation of an Appeal Court with the

assistance of the Judge of Shanghai can only be done in one of

two ways:-

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1

(1) by making the Appeal from the Original Juris- -diction (i.e. the Chief Justice) 11e to the Judge of Shanghai and the Pulsne Judge, which was the possibil:

my

-ty I had in find, and in which case the Judge of Shanghai would become the Appellate Judge from the

Chief Justice of Hongkong.

(2) making the Court a Court of three Judges: in

which case there would be so many appeals that it

would block the ordinary work of the Court.

Or