CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 332

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

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Chambers,

Supreme Court, Hongkong,

6th.October, 1908.

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·.54,"on-avon

In continuation of my letter of the 23rd.

September last on the subject of the constitution of the Appeal

Court of this Colony I have the honour to forward to Your Excel-

-lency the following extract from a judgment of mine delivered

in the Full Court on 8th. January last.

"This case was tried before me in April and

"May of last year, and the appeal was argued before the Pull

"Court on 16th. December. The learned Counsel for the appellant

"referred to the fact that under the constitution of the Courts

"in this Colony the only appeal Court from the trial in First

"Instance is to a Court in which the Judge who tried the case

"site, and if he is the Chief Justice he has the preponderant

*voice. It is not surprising that reference should so frequently "be made to this fact; but so far as I an concerned I wish to

"say that in giving judgment in a case tried before ne I

"endeavour to be guided by the language used by Mr. Justice

"Blackstone in a very old case in deed - 'My present opinion is

*(but liable to correction upon more full consideration, if

*the question should come again before the Court in a more

"solemn way}**.

"I trust that this will to some extent, not

"exactly encourage appeals from my decisions, but at least

"assure the profession that I endeavour as far as possible to

"look at the case from a fresh standpoint if such is put before

*the Full Court on more solemn deliberation".

.solfast Taiɗo siff

Excellency

Sir Frederick Lugard, K.C.M.G., Governor of Hongkong,

I have etc.,

(sa.) F. T. Piggott,

Chief Justice.

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