Sessional_Paper_1908 — Page 736

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But the scheme has apparently been approved at home, and I shall have o work it. As in the case of the third Judge, the opinion of people who knew little or nothing of the matter was held of more weight than mine, so here: when, as is inevitable, I point out the unworkable nature of the scheme as sent from home, I shall probably be told that others- think differently.

Your Excellency will I think agree with me that I have some cause for the view I have so frequently expressed that little consideration is paid to the Chief Justice's opinion in matters relating to the administration of justice.

His Excellency

Sir FREDERICK LYGARD, K.C.M.G.,

Governor of Hongkong.

8837/1906.

I have, &c.,

F. T. PIGGOTT,

Chief Justice.

GOVERNMENT HOUSE,

HONGKONG, 6th October, 1908.

SIR,-I regret to learn from your letter of September 29th, that my explanation of the actual words used by me in reference to the Court of Appeal and which I had believed would entirely dispose of Your Honour's cause of protest have not had that result.

2. Your Honour contends that "no one who is familiar with the work of a Judge could attribute to him any but the highest motives when hearing an Appeal, whatever his decision might be. But the words used by me ("innuendo" and "alleged" &c.) made it I had hoped amply clear that I was not referring to well informed persons but to disappointed litigants and irresponsible critics. I expressed in fact only the views which I have under- stood yourself and Mr. Justice Wise to have affirmed. The words of the latter in this connection (forwarded to me as an enclosure in Your Honour's letter of the 29th February, 1908,) were:-"As at present constituted the Appeal Court consists of the Chief Justice. "and the Pusine Judge, from one of whom the appeal necessarily lies, and the Chief Justice "has a casting vote. The result is that anyone who has the money will appeal against the "decision of the Puisne Judge (in consequence of the casting vote) but that no one will appeal against a decision of the Chief Justice unless he intends to carry the case to the "Privy Council".

AE

3. In reply to your third paragraph I can only repeat the statement made by me in my observations on the Estimates after giving due prominence to the fact that Your Honour. held the view that a Third Judge was necessary to cope with the work of the Supreme Court,-vis. :—that after consulting those best qualified to advise me I considered the weight of opinion was in favour of the view that a Third Judge was not immediately necessary, but I hoped that when the new Courts were finished the Colony would be in a position to incur the expense involved. Your Honour was as you cordially admit informed of the arguments which had been adduced in this connection and had an opportunity of fully disposing of them. Your letters were forwarded to the Secretary of State and you were so informed, and I am therefore at a loss to know what further reply you expected, the absence of which leads you to the conclusion that your opinion is disregarded. So soon as the reply of the Secretary of State is received it will of course be communicated to you, but in the meantime I presume from the telegram (which I at once sent to you on receipt) that after a perusal of the correspondence he has adhered to his former view that the appointment of a Third Judge can be temporarily deferred. In this matter which you select as a flagrant instance that the local Government "shows no consideration to the Chief Justice", I can find no possible grounds for such a conclusion.

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We are all agreed that the appointment of a Third Judge would be inost desirable,-- but it is my duty to examine the comparative urgency of a number of extremely desirable requirements in relation to the finances of the Colony-and I have come to the conclusion so far as my personal view is concerned (the final decision resting with Secretary of State after perusing Your Honour's arguments and the Tables to which you refer) that in the coming year

the Colony cannot afford a Third Judge. Provision has, however, been made for a Deputy Official Receiver on Your Honour's recommendation.