CO129-360 - Public Offices - 1909 — Page 604

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Sausmarez, nor imposed by this Office, but emanated

originally from your Department.

The condition appears however to be a very reason-

able one, especially as Sir H. de Saumarez is senior

to Sir F. Piggott as the Chief Judge of one of His Ma-

jesty's Courts and has, of the two judges, considerably

the greater judicial experience.

The Chief Justice's arguments appear to be based

upon a series of misconceptions. The new Appeal Court

is not the Chief Justice's Court at all; it is a newly

constituted Court of Appeal of which the Judge at Shang-

hai, and the Chief Justice at Hongkong, are to be mem-

bers.

The Court will hear appeals from the Chief Justice

in 1st. Instance, and if the Chief Justice were to be

treated as the Senior Judge, one of the results would

be that when he and the Chief Judge from Shanghai dif-

fered, the Chief Justice would prevail. It is however

obvious that other things being equal it is desirable

that the new Judge with the fresh mind should prevail

in case of difference of opinion over him who has

previously