CO129-447 - Governor Sir May - 1918 [1-3] — Page 152

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149

The case of a Colony or Settlement which has been developed under a system where the two branches are amalgamated cannot be compared with that of Hongkong which has developed under the dual system. Under the present system ocunsel are in a much more independent and judicial position than they would be if the two branches were amalgamated. The Bar are also entirely free from certain influences which are brought to bear by Chinese friends of the parties who have a speculative or champertous interest in the result of the proceedings. Thie is a very important

consideration from a public point of view.

,

The Bar are also opposed to any increase in the Jurisdiction of the Summary Court beyond the present limit of $1,000, whether generally or by consent of the parties. The Bar has never been more numerous than at present. The small cases which the proposal would throw into the Summary Court are the very osses which would be most suitable for Junior members of the Bar.

In large and heavy cases where the costs are a less important

consideration, litigante would naturally be disinclined to agres

to the retaining of ocuneel with little experienos, and the chief

opportunity of getting into practice would be denied to the junior

members of the Bar. This view is not diotated merely by the

interests of the Bar, as it is of the greatest importance for

litigants generally that the work should not be concentrated in

the hands of such a arall number of counsel as to cause delay in

bringing on cases when those particular oounsel are engaged. The

proposed unlimited jurisdiction by consent is unknown anywhere and

the effects of the proposal are difficult to foresee. wo things

seem certain. Ons is that the bearing of an Original Aotion of

any magnitude in the Summary Court must inevitably block the work

of that Court and delay the prompt trial of those small motions

for which the Summary Court was established, the other is that any

such proposal would tend to increase and facilitate the activities

of a certain very undesirable class who hang on the fringer of the

law and make a living by the maintenance of speculative zotions.

Fictitious claims for large amounts could be launched at less risk,