Sessional_Paper_1908 — Page 738

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GOVERNMENT HOUSE,

HONGKONG, 2nd November, 1008.

SIR.I have the honour to acknowledge your letter of October 28th having reference to the words used by me in a speech regarding the constitution of the Full Court. I am anxious to meet Your Honour's wishes as far as seems to me practicable, but since as you point out the members of the Council already have the corrected version of what I said before them in the lansard there seems no object in laying it before them in a separate paper. Your Honour is anxious as I understand that it should be made known that I did not use the words attributed to me in the Local Press that the appeal to the Full Court is a farce, and I will if you so desire cause a letter to be written to the Press quoting the words in Hansard. Sessional Papers consist of the annual reports from Departments and other permanent records of the Colony and I do not think that the correspondence in question is of a nature to be included with them.

2. With reference to the question of a Third Judge I have the honour to enclose in original for your perusal and favour of return a private letter* I have just received from Sir H. de Sausmarez together with a copy of the despatch from the Secretary of State dated 18th September, 1908. I personally agree with the view expressed by Sir H. de Sausmarez.

*

His Honour

THE CHIEF JUSTICE.

I have, &c.,

F. D. LUGARD,

Governor, &c.

CHAMBERS, SUPREME COURT,

HONGKONG, 4th November, 1908.

SIR,-I have the honour to acknowledge Your Excellency's letter of 2nd November, on the subject of Your Excellency's remarks in Council on the present constitution of the Full Court.

2. I fear that the publication in the newspapers of the remarks actually used by Your Excellency would do more harm than good; for whereas the words as reported might have been looked upon as an unfortunate slip, had the impression created by them been corrected at a subsequent sitting of the Council, the publication of the remarks actually made by Your Excellency unaccompanied by my own observations, would seem to indicate that they embody, as I fear they do, Your Excellency's opinion on the question.

3. With regard to laying the correspondence on the Table of the Council, Your Excellency forgets that one of the principal objects of the practice is to make the papers so laid public. I have had a long experience of procedure in Legislative Council, and I think that correspondence which has passed between the Chief Justice and the Governor relative to remarks made by the Governor in the Council prejudicial to the administration of justice may fittingly be laid upon the Table.

4. I propose to deal with the matter referred to in the second paragraph of the letter under reply in a separate letter.

I have, &c.,

His Excellency

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

Governor of Hongkong.

* Not printed.

F. T. PIGGOTT, Chief Justice.