CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 160

.anokauf bis ezostɗo

P Y.

Enclosure 2.

C.O

27756

!

157

REC

Chambers,

REG219 AUG 09)

Supreme Court, Hongkong,

19th. June, 1909.

el doldy znenbners Ariz to zostɗo ed?

\widła to drain mild wiodam* 02 at monanthro atné vď bezootte

bra beretxe zúziu dołdw esejino Ikeko at vart s Tot Xes of Varaq

to gateang ada konwdací nožzostałtaa nevis stað OF 189qqa blow

mylt hus ¿PA! vor mir ni arubanort Chyło to shot anodynoli era

rfożitw emrbanosť LiviD to shot and to [001 rast adð af antesay

*Ano) Telvae adó bolsager

sir,

In reply to Your Excellency's letter submit-

-ting for my opinion a draft Ordinance for amending the law as

to trial by jury, enclosed in a letter from the Secretary to

the Chamber of Commerce, in which it is said to be advisable to

Such paas an Ordinance, I have the honour to report as follows:-

I have not heard anything, apart from this

letter, which leads me to suppose that the present state of the

law as to trial by jury is very unsatisfactory to the mercantile

community. The present law is the same as the law of England on

the subject; and is hardly stated accurately in the letter of

the Secretary to the Chamber of Commerce, Sections 289 and 291 e

of the Code of Civil Procedure do not give any discretion to

the Judge to allow or refuse an application for trial.

The discretion of the Judge is governed by

Section 290, and I am of opinion that it would not be expedient

to alter the law which, as it exists at present, is in accord-

-ance with modern views on the subject.

I have etc.,

(sa.) F. T. Piggott,

Chief Justice.

Excellency

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