CO129-477 - Public Offices - 1922 — Page 393

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His Lordship is aware, opinion on the point, including that

of the judges themselves, is unanimoue.

4.

It will be remembered that a similar position was dealt with some years ago at Hongkong by the establishment of a system under which the judge of the Supreme Court for China became a member of the Court of Appeal at Hongkong (see correspondence ending with your letter No.31154 of October 19th, 1912). So far as His Lordship is aware this system has worked and is working perfectly well, and it appears that the only satisfactory solution of the corresponding difficulty

I am therefore in China is the adoption of a similar system.

to express His Lordship's earnest hope that Mr. Churchill will see his way to consent to provision being made under a new consolidating order in council, which is at present under consideration, by which the Chief Justice of Hongkong may become a member of the Full Court for China, the right of direct appeal

to the Privy Council being abolished.

5. The most satisfactory arrangement would be to provide

that the Full Court thus constituted should hear all appeals

from either the judge or the assistant judge, interlocutory matters only being dealt with by a court composed of the two China judges. The number of appeals at present is small,

and

though some increase may be anticipated if the proposed arrangement is made, it is considered that it would not be necessary for the Chief Justice to make more than two vieite of short duration to Shanghai in the course of each year, unless an important criminal appeal was entered which could not wait until the next visit of the Chief Justice, an event

which/

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