CO129-376 - Governor Sir Lugard - 1911 [3-4] — Page 50

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

COPY.

Confidential.

Your Excellency,

C O

4'7

11965

Rece

REGP 12 APR 11

As to the suggestion of the Secretary of

State to abolish altogether the intermediate Court of Appeal as at

present constituted and to allow appeals to lie direct from the

Supreme Court of Hongkong to the Privy Council I do not think such

a suggestion is feasible. The cost of such appeals would as the

Secretary of State points out be "a serious obstacle and liti-

-gants at the present time are often debarred from going to the

Privy Council on the ground of the cost involved.

2.

The Secretary of State says that the suggested

procedure would presumably involve the hearing of the less diffi-

-cult cases by one Judge, as at present, and the more complex cases

before the Full Court of two Judges. By this I understand him to

imply that one Judge would as at present try trivial cases in which

an appeal is unlikely to lie and that in the more important cases

when an appeal may be probable the two Judges would sit in Origin-

-al Jurisdiction to try them. Such a proposal in my opinion is im-

-practicable and would bring the work of the Courts to a deadlock.

The cases tried here in Original Jurisdiction before the Chief

Justice are often lengthy and complex and frequently occupy several

days. I can cite instances within my experience of the Colony where

the hearing of important cases has lasted 54, 12 and 16 days

respectively (the appeal before the Full Court in the 54 days

case

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