CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 512

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Conclosure. 3.

C O 1897

502

MEMORANDUM.

Red 19 JAN 12

A. The scheme will be seriously prejudice the

prestige of the Supreme Court of the Colony in the eyes of

the Chinese; for to import a foreign judge into the new

Court whose sole function will be to hear appeals from the

Chief Justice can only be construed by them as a mark of

want of confidence in the Chief Justice.

I do not think that the prestige of the Court has

ever stood higher than it does at present; and it is a

mistaken policy to remedy an inherent defect in the exist-

system ing/by weakening the effectiveness of the Court itself.

It will presently appear why the proposed Court can

only hear appeals from the Chief Justice; but I assume that

the Appeal Court will be composed of three Judges in which

case the casting vote in case of a difference between the

Judges of the Colony will rest with the Shanghai Judge. In

the event, as I understand Mr.Justice Gompertz to have

proposed, of the new Court being composed of two Judges

only, this defect in the proposed scheme will be still more

marked.

This criticism does not apply to an Appeal Court

composed of three Judges of the Colony; for if a third Judge were appointed the work in Original Jurisdiction

would be divided between the Chief Justice and the Senior

Puisne Judge, and the casting vote would not then be vested

in one individual Judge.

B. Still more serious is the question of time at the

disposal of the new Court, for there is no guarantee that the Shanghai Judge will be able to remain in the Colony either to clear off the list of pending appeals, or even to

conclude an appeal which has been begun. Unless the list can be cleared at each session of the Court the gravest injustice will be done to litigants, and the greatest and most justifiable discontent will arise in the Colony. The

difficulties which this question raises appear to have been