Old Hong Kong-2 — Page 127

Old Hong Kong 昔日香港 All AI Reviewed

CHIEF JUSTICE SMALE

Reference was made the other day, in the article on the Chinese edition of the Hongkong Government Gazette, to Chief Justice Smale. As this gentleman had a long connexion with the Courts of Hongkong, and was involved, as usual in those early days, in various controversies and disputes, a summary of his career will be of interest. There are about three pages of Norton-Kyshe's index devoted to this former Chief Justice, indicating the many incidents of his association with the Supreme Court here; but it suffices to sketch these briefly.

Mr. John Jackson Smale, of the Equity Bar, and a well-known reporter in Chancery, was appointed Attorney General of Hongkong in 1861, and arrived here in April that year.

In June following he was appointed a member of the Legislative Council of the Colony.

Perhaps the matter of chief interest to local legal practitioners is the fact that Mr. Smale appeared in court, wearing a wig, a practice which seems to have been fallen into disuse, and was thereupon revived. Norton-Kyshe states "At this time the two branches of the legal profession were amalgamated, and it may be that on amalgamation wigs were dispensed with." This raises another interesting point, the subsequent differentiation of the two branches locally, so that we have a sharp line drawn between barristers and solicitors, as in England, whereas in such places as the Straits Settlements the combination "advocate and solicitor of the Supreme Court", with both barristers and solicitors included, still pertains: but that is a matter for the Hong Kong legal fraternity and is outside the scope of these historical sketches.

To return to Mr. Smale, the "friction" of which we so often read in the old records, was early manifested in his relations with the Chief Justice of the time, Mr. Adams; and on the occasion of a complimentary dinner to the Chief Justice tendered by the profession on the eve of his departure, Mr. Smale deliberately stayed away. This friction was, it appears, over the amalgamation of the profession already referred to, which had been brought about in 1858, Mr. Smale contending that instead of having had the effect of decreasing costs, this measure had been "prostituted by the profession to increase them". It might be added that eventually, by 1877, the appearance of counsel as distinct from solicitors, in certain cases, had been finally settled, and the difference again became definite.

In 1868 Mr. Smale was appointed Chief Justice of the Colony, while on leave, and returned to serve in a colourful manner for a good many years. That he was at first liked by the community as a whole, and in particular by certain sections of it, is indicated in various incidents: for example, he had been legal adviser to the Parsee community, and on his departure for leave in 1866 was presented while at Home with a set of silver plate subscribed for by the Parsees and Mohammedans out here. However, in later years various episodes arose in which there was ill-feeling and criticism, so easy for a public figure to engender.

But in one respect at least Mr. Smale earned a great deal of gratitude and esteem, his determination to suppress any form of slavery and his defence of the Chinese coolies who were being exploited by unscrupulous persons at the time. He exerted himself to this end with considerable effect, and in one case, in 1871, actually decided that a Chinese who had been kidnapped and was being taken to Peru to serve as a virtual slave, and who had killed certain members of the crew of the ship on which he was being transported, had a right to seek his liberty that way. Mr. Smale adjudged the vessel in question, the Nouvelle Penelope,

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CHIEF JUSTICE SMALE Reference was made the other day, in the article on the Chinese edition of the Hongkong Government Gazette, to Chief Justice Smale. As this gentleman had a long connexion with the Courts of Hongkong, and was involved, as usual in those early days, in various controversies and disputes, a summary of his career will be of interest. There are about three pages of Norton-Kyshe's index devoted to this former Chief Justice, indicating the many incidents of his association with the Supreme Court here; but it suffices to sketch these briefly. Mr. John Jackson Smale, of the Equity Bar, and a well-known reporter in Chancery, was appointed Attorney General of Hongkong in 1861, and arrived here in April that year. In June following he was appointed a member of the Legislative Council of the Colony. Perhaps the matter of chief interest to local legal practitioners is the fact that Mr. Smale appeared in court, wearing a wig, a practice which seems to have been fallen into disuse, and was thereupon revived. Norton-Kyshe states "At this time the two branches of the legal profession were amalgamated, and it may be that on amalgamation wigs were dispensed with." This raises another interesting point, the subsequent differentiation of the two branches locally, so that we have a sharp line drawn between barristers and solicitors, as in England, whereas in such places as the Straits Settlements the combination "advocate and solicitor of the Supreme Court", with both barristers and solicitors included, still pertains: but that is a matter for the Hong Kong legal fraternity and is outside the scope of these historical sketches. To return to Mr. Smale, the "friction" of which we so often read in the old records, was early manifested in his relations with the Chief Justice of the time, Mr. Adams; and on the occasion of a complimentary dinner to the Chief Justice tendered by the profession on the eve of his departure, Mr. Smale deliberately stayed away. This friction was, it appears, over the amalgamation of the profession already referred to, which had been brought about in 1858, Mr. Smale contending that instead of having had the effect of decreasing costs, this measure had been "prostituted by the profession to increase them". It might be added that eventually, by 1877, the appearance of counsel as distinct from solicitors, in certain cases, had been finally settled, and the difference again became definite. In 1868 Mr. Smale was appointed Chief Justice of the Colony, while on leave, and returned to serve in a colourful manner for a good many years. That he was at first liked by the community as a whole, and in particular by certain sections of it, is indicated in various incidents: for example, he had been legal adviser to the Parsee community, and on his departure for leave in 1866 was presented while at Home with a set of silver plate subscribed for by the Parsees and Mohammedans out here. However, in later years various episodes arose in which there was ill-feeling and criticism, so easy for a public figure to engender. But in one respect at least Mr. Smale earned a great deal of gratitude and esteem, his determination to suppress any form of slavery and his defence of the Chinese coolies who were being exploited by unscrupulous persons at the time. He exerted himself to this end with considerable effect, and in one case, in 1871, actually decided that a Chinese who had been kidnapped and was being taken to Peru to serve as a virtual slave, and who had killed certain members of the crew of the ship on which he was being transported, had a right to seek his liberty that way. Mr. Smale adjudged the vessel in question, the Nouvelle Penelope,

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CHIEF JUSTICE SMALE ! .. Reference was made the other day, in the article on the Chinese edition of the Hongkong Government Gazette, to Chief Justice Smale. As this gentlemen had a long connexion with the Courts of Hongkong, and was involved, as usual in those early days, in various controversies and disputes, a summary of his career will be of interest. There are about three pages of Norton-Kyshe's index devoted to this former Chief Justice, indicating the many incidents of his association with the Supreme Court here; but it suffices to sketch these briefly. Mr. John Jackson Smale, of the Equity Bar, and a well- known reporter in Chancery, was appointed Attorney General. of Hongkong in 1861, and arrived here in April that year. In June following he was appointed a member of the Legislative Couno il of the Colony. -- Perhaps the metter of chief interest to local legal practitioners is the fact that Mr. Smele appeared in court. wearing a wig, a practice which seems to have been fallen into disuse, and was thereupon revived. Norton-Kyste states "At this time the two branches of the legal profession were amalgamated, and it may be that on amalgamation wigs were dispensed with." This raises another interesting point the subsequent differentiation of the two branches locally, so that we have a sharp line drawn between barristers and solicitors, as in England, whereas in such places as the Straits Settlements the combination "advocate and solicitor of the Supreme Court", with both barristers and solicitors included, still pertains: but that is a matter for the Hong Kong legal fraternity and is outside the scope of these historical sketches. T BO. To return to Mr. Smale, the "friction" of which we so often read in the old records, was early manifested in his relations with the Chief Justice of the time, Mr. Adams; and on the occasion of a complimentary dinner to the Chief Justice tendered by the profession on the eve of his departure, Mr. Smale deliberately stayed away. This friction was, it appears, over the amalgamation of the profession elready referred to, which had been brought about in 1858, Mr. Smale contending thet instead of having had the effect of decreasing costs, this measure had been "prostituted by the profession to increase them". It might be added that eventually, by 1877, the appearance of counsel as distinct from solicitors, in certain cases, had been finally settled, and the difference again became definite. In 1868 Mr. Smale was appointed Chief Justice of the Colony, while on leave, and returned to serve in a colourful manner for a good many years. That he was at first liked by the community e whole, end in particular by certain sections of it, is in- dicated in various incidents: for example, he had been legal adviser to the Farsee community, end on hià departure for leave In 1866 was presented while at Home with a set of silver plate subscribed for by the Parsees and Mohammedans out here. However, in làter years various episodes arose in which there was ill- feeling and criticism, so easy for a public figure to engender. But in one respect at least Mr. Smele earned a great deal of gratitude and esteem his determinetion to supress any form of slavery and his defence of the Chinese coolies who were being exploited by unscrupulous persons at the time. He exerted him- self to this end with considerable effect, and in one case, in 1871, actually decided that a Chinese who hed been kidnapped and was being taken to Peru to serve as a virtual sleve, end who had killed certain members of the crew of the ship on which he was being transported, had a right to seek his liberty that way. Mr. Smale adjudged the vessel in question, the Nouvelle Penelope,

2026-05-02 11:04:23 · Baseline

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CHIEF JUSTICE SMALE

Reference was made the other day, in the article on the Chinese edition of the Hongkong Government Gazette, to Chief Justice Smale. As this gentlemen had a long connexion with the Courts of Hongkong, and was involved, as usual in those early days, in various controversies and disputes, a summary of his career will be of interest. There are about three pages of Norton-Kyshe's index devoted to this former Chief Justice, indicating the many incidents of his association with the Supreme Court here; but it suffices to sketch these briefly.

Mr. John Jackson Smale, of the Equity Bar, and a well- known reporter in Chancery, was appointed Attorney General. of Hongkong in 1861, and arrived here in April that year.

In June following he was appointed a member of the Legislative Couno il of the Colony.

Perhaps the metter of chief interest to local legal practitioners is the fact that Mr. Smele appeared in court. wearing a wig, a practice which seems to have been fallen into disuse, and was thereupon revived. Norton-Kyste states "At this time the two branches of the legal profession were amalgamated, and it may be that on amalgamation wigs were dispensed with." This raises another interesting point the subsequent differentiation of the two branches locally, so that we have a sharp line drawn between barristers and solicitors, as in England, whereas in such places as the Straits Settlements the combination "advocate and solicitor of the Supreme Court", with both barristers and solicitors included, still pertains: but that is a matter for the Hong Kong legal fraternity and is outside the scope of these historical sketches.

BO.

To return to Mr. Smale, the "friction" of which we so often read in the old records, was early manifested in his relations with the Chief Justice of the time, Mr. Adams; and on the occasion of a complimentary dinner to the Chief Justice tendered by the profession on the eve of his departure, Mr. Smale deliberately stayed away. This friction was, it appears, over the amalgamation of the profession elready referred to, which had been brought about in 1858, Mr. Smale contending thet instead of having had the effect of decreasing costs, this measure had been "prostituted by the profession to increase them". It might be added that eventually, by 1877, the appearance of counsel as distinct from solicitors, in certain cases, had been finally settled, and the difference again became definite.

In 1868 Mr. Smale was appointed Chief Justice of the Colony, while on leave, and returned to serve in a colourful manner for a good many years. That he was at first liked by the community e whole, end in particular by certain sections of it, is in- dicated in various incidents: for example, he had been legal adviser to the Farsee community, end on hià departure for leave In 1866 was presented while at Home with a set of silver plate subscribed for by the Parsees and Mohammedans out here. However, in làter years various episodes arose in which there was ill- feeling and criticism, so easy for a public figure to engender.

But in one respect at least Mr. Smele earned a great deal of gratitude and esteem his determinetion to supress any form of slavery and his defence of the Chinese coolies who were being exploited by unscrupulous persons at the time. He exerted him- self to this end with considerable effect, and in one case, in 1871, actually decided that a Chinese who hed been kidnapped and was being taken to Peru to serve as a virtual sleve, end who had killed certain members of the crew of the ship on which he was being transported, had a right to seek his liberty that way. Mr. Smale adjudged the vessel in question, the Nouvelle Penelope,

Old Hong Kong-2 — Page 127

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