CO129-542-6 Supreme Court Amendment Ordinance- 1933 23-6-1933 - 22-2-1934 — Page 3

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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to, with the exception of lesson, of which

فا

there

unnexed.

no

wore copy

copy available,

are

Claurence Lily Legal. 1

I have discussed the passages marke d

in the new Sections 9(2) and 11 with Mr. Bushe.

Although

I think they are taken substantially from the

thing

law of 1873, are both open to objection

which we think should be raised.

The meaning of the words "subject to

suspension by the Governor in like manner as

other officers in the Colony" is not entirely

e):

meat

Nowadays "sushuusia clear, especially as (ir. Bushe informs me

is confined to the circumstances detailed in

CK. 68 (viii) [new edition]

"suspension" was in the past used as equivalent

Detailed and adequate provision

to "dismissal.

for disciplinary action is made in Colonial

Regulations and it is suggested that on this point

Section 5 of Trinidad, Cap. 35, should be fol-

lowed.

Section 11. The words "be capable of"

and "and any such acceptance or preformance

shall be ipso facto an avoidance of his

office of Chief Justice or Puisne Judge" are

both unnecessary and dangerous

unnecessary

because acceptance of an office inconsistent

in day case with a Judge's judicial position would be mis-

conduct and dangerous for reasons which are

best illustrated by the following hypothetical

case. A Judge is appointed by, or with the

full concurrence of, the Government but without

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any specific statutory authority to perform

certain

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