CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 48

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

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impossible to adopt that proposal, while the suggestion that

cases in which an appeal might be probable should be tried by

the Full Court in Original Jurisdiction in order to minimise

the number of appeals would not be practicable (a) because it

would bring the work of the Courts to a deadlock and (b)

because it would be subject to the same disability which

vitiates the present Court of Appeal in that the view of the

Chief Justice would always prevail. He concurs in my suggest-

-ion as preferable, but advises that matters should remain in

statu quo pending his arrival in England in May next when he

will seek an opportunity of conferring further with your

Legal Advisers on the subject.

3.

It appears however to me that my

suggestion might be adopted at once, since it is merely per-

-missive, involves no radical change, and the permission to

appeal direct without the cost of an intermediate appeal to the

local Court can at any time be withdrawn.

4.

With regard to the appointment of a

Third Judge, I would invite your attention to the fact that

the financial position in this Colony is at present very

embarrassed owing to the fact that we have to meet a charge of

upwards of five lakhs as interest on the Railway Loan while

the

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