Sessional_Paper_1908 — Page 734

614

4. I am at the present time engaged in preparing a judgment on an important appeal; it took many days to argue in the Full Court; the writing of the judgment will probably take 10 full mornings' work, of at least four hours a day, and though I am now half way through I have not the remotest idea what the ultimate judgment will be. It is not impossible that this judgment may prevent the case going to the Privy Council. Your Excellency will agree that when so much care is given to appeals the word "farce" is hardly applicable; and it is the more unfortunate that such an expression of opinion should have fallen from Your Excellency while a judgment in an appeal case is pending. I must confess that I should not like to deliver a judgment even on a small matter which was deemed to be given in far-. cial conditions. I think therefore that Your Excellency will not hesitate to remove the impression which must have been caused by the remark at some future sitting of Council.

5. The report of Your Excellency's speech also says that you have like Your Excellency's predecessor, found the general opinion to be that except for the purposes of an Appeal Court, a third Judge is not immediately required. I think it my duty to point out to Your Excel- lency that I know no one who is familiar with the working of the Court who is of that opinion. The fact is that the pressure of the last few months has been so great that we had arrived almost at breaking point, and this is by no means the first time. If I had been laid up for even 2 days with influenza, the whole work of the Court would have been dislocated to the great inconvenience of suitors. I can only add that I was in hopes that the Government would show some slight consideration for myself.

His Excellency

Sir FREDERICK LUGARD, K.C.M.G., Governor of Hongkong.

I have, &c.,

F. T. PIGGOTT,

Chief Justice.

8837/1906.

GOVERNMENT HOUSE,

HONGKONG, 26th September, 1908.

SIR,In reply to your letter of yesterday's date I have the honour to inform you that I did not use the word "farce" in connection with the existing Appeal Court of this Colony. I spoke deliberately and I am correctly reported by the South China Morning Post as having used the word "unsatisfactory". I was so anxious to make it plain to the Council that I intended no reflection whatever upon the Court, but only criticised its Constitution,—in the way you have yourself criticised it, that I added further explanatory words (which have been omitted by the Reporters) to the following effect: "It is no less unsatisfactory to the "Chief Justice himself than to litigants for if he reverses his former decision after hearing "fuller evidence,-more especially if this should occur more than once-he may lay himself open to the innuendo that he does not know his own mind, or that he is influenced by his "Junior.

If on the other hand he confirms his former decisions it may be alleged that the Appeal is a farce.”

"C

These as near as I can recollect are the precise words used by me in this connection. I think Your Honour will agree with me that it would be difficult to select words which would more completely dispose of the interpretation conveyed in your second paragraph.

The only authentic report, the Colonial Hansard, has already been revised in this sense.

I regret to note from the last sentence of Your Honour's letter that you still remain under the erroneous impression which I have so frequently and with such apparent ill success, endeavoured to remove, that the Government is disposed to show no consideration towards yourself.

I have, &c.,

F. D. LUGARD, Governor, &c.

His Honour

THE CHIEF JUSTICE.