CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 156

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properly triable by a Judge alone: I would, however

suggest that this should be left to the good sense of the

parties themselves, who can no doubt mutually arrange the

mode of trial.

10.

The desired amendment is calculated

to allay the feeling of unrest to which the request of

the Chamber of Commerce and the recommendation of the

Hongkong Law Society give expression on behalf of the

general public: and the amendment if sanctioned by Your

Lordship will place His Majesty's subjects in Hongkong

upon an equal footing with His Majesty's subjects in

Shanghai who possess the right with respect to trial by

Jury which those in Hongkong ask should be restored to them.

The conditions in Hongkong and in Shanghai are identical,

for in each place there is a Court consisting of but two

Judges, and there would seem to be little if anything to

distinguish the case of the suitor in Hongkong from that

of the suitor in Shanghai in respect to a right to trial

by a Jury of questions of fact.

I have the honour to be,

My Lord,

Your Lordship's most obedient,

humble servant.

Cecil Clementi

Governor, Hongkong