CO129-392 - Governor Sir May - 1912 [9-10] — Page 31

HONGKONG LEGISLATIVE COUNCIL

Full Court Ordinance

THE ATTORNEY-GENERAL moved that the Council go into Committee on the Bill entitled, "An Ordinance to make provision for the reconstitution of the Full Court.”

THE COLONIAL SECRETARY second- ed.

I

THE ATTORNEY - GENERAL should draw your attention to fact that the

the result of the mittee which

Com- sat on the to refer it to the Council in a

Bill was which was very substantially, in fact, form entirely, different to that in which it had been referred to the Committee. Circum- stances have altered since the Bill was sent to Committee, because I understand that instructions have been received that the arrangement which had been previous. ly placed before this Council as to the coming here at various convenient times of another judge as a temporary measure from the Shanghai Court is to be carried out. The arrangements were made, and cannot, I think, be departed from now, His Excelleney has received a despatch in which it is stated that as a temporary measure the Bill practically as it was introduced ought to be passed in order that the arrangement which had been made should be carried out. It does not follow necessarily that the Bill is bound to be a permanent one. On the contrary, if circumstances arise in which it is found that it should be altered it is possible that it could be altered. At any rate, at present, it seems necessary and desirable that the Bill should be passed as it was originally introduced in the Council.

The Bill was then considered clause by clause, and one or two verbal alterations were made.

On Council resuming,

THE ATTORNEY-GENERAL moved that the Bill be read a third time.

ed.

THE COLONIAL SECRETARY second-

THE HON. MR. OSBORNE-Sir, the unofficial members of this Council opposed this Bill on a previous occasion and they have not changed their mind. We do not oppose the third reading, for

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the reason given that instructions have been sent from Home which cannot be over- ruled. At the same time I suggest that the unofficial members place on record their protest against the Bill.

HON. MR. MURRAY STEWART-I associate myself with the remarks which have fallen from the hon. member who has just spoken,

HON. MR. POLLOCK-Your Excel- lency, I shall abstain from voting on the division regarding the third reading. On the one hand, I am not prepared to vote in favour of it, because, according to my view, the appointment of a per- manent third judge is the better solution. On the other hand, I am not prepared to vote against the third reading, be- cause I conceive it to be the duty of the members of the legal profession to do their best to make the new system of appeals a success, and any adverse vote of mine might tend to create a different and, therefore, an erroneous impression. HON. MR. ROSS--I should like to associate myself with the remarks of the bon. member opposite (Hon. Mr. Osborne). There is one point which has to be borne in mind. The Shanghai Court is just as hard pressed with work as the Hongkong Court, and I understand it will be very difficult for the Shanghai judge to get away. I have recently been in Shanghai myself and I discussed this question with several members of the legal fraternity there and they said that it was practically impossible for the Shanghai judge to get away,

one

HIS EXCELLENCY Gentlemen, I am very pleased to bear the words which fell from the hon. member representing the Justices of the Peace, The history of this question is 2 very long

There would have been no difficulty in appointing க third judge if the Government had been convinced that there was work for three indges to do outside the Anneal Court. The Government was not satisfied that there was, and I myself am not satisfied at the present moment that there is. I think that when the Government goes to a Department of State like the Foreign Office and after lengthy negotiations makes an arrangement of this nature, and when it approaches a judge of the position of the Judge of the Shang- hai Court such an arrangement can-

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