CO129-447 - Governor Sir May - 1918 [1-3] — Page 135

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Tontok W PRETT

ت شهید

could not benefit by any change in the system of appointing

Judges here for the reason that he is engaged in cases which

at the rate experienced in Hongkong will take 3 or 4 years to

clear off and he anticipates that he will continue, if he

remains here, to be similarly engaged in advance.

Jar.

6619.

I would especially drow your attention

to Mr. Sharp's remarks on the waste of time, and consequent

unnecessary and undesirable expense of litigation; on the

large percentage of fraudulent cases; on the prolongation of

trials and inordinate delay in dealing with cases; and on the

important nature of Original actions in Hongkong.

5.

The subject of fraudulent litigation is

Miealt with in my Confidential Despatch of the 15th. December,

Enclosures 17.18.8.19.

1916. I attach copies of minutes on this question by Mr.

Sharp and by the Chinese Members of the Legislative Council;

and I would particularly refer to two points made by Mr. Wei

Yuk and Mr. Lau Chu-pak in their second minute, namely their

recollection of the action taken by Sir Fielding Clarke in

forbidding Chinese Clerks to appear in Court, and their be-

-lief that the Solicitors pay a big commission to or share

their profits with their clerks, and also pay commission to

toute, with the result that unnecessary litigation is

stirred up.

This paying of commission to Clerks and

touts is an admitted fact; the senior partner in one of the

leading Solicitors' firms recently stated that he was propar- -ed to pay commission up to 50 per centum for the introduct- -ion of business; and it is also undoubtedly the case that

certain Solicitors share profits with their clerks. The practice is productive of very great evil.

Another abuse is the engaging of

Solicitors from England by Chinese clerks and others to work

for