The Archive · 1905

A Menace to Shanghai

In case it should over strike the Foreign Office to follow up the abolition of the title of Chief Justice here with an Order making the Supreme Court of Hongkong the Court of Ap from Shanghai, instead of the Judicial Committee of H.M. Privy Council, it may not be out of place to quote the following remarks made by Mr. H. P. Wilkinson, Acting Judye "at Bangkok, when taking leave of the Bar there "When I had the honour in June, 1903, of taking over charge of this Court from Mr. Justice Archer, I 3 ined the records of p"st' appeals and, before th decision +f an appeal from myself, I ther geet to His Majority's Principal Secretary upon had the honour to respectfully sug.

of State for Foreign its that appeals should not to the Supreme Court of the Straits ettlements, a Colonial Court x minister ing as its ordinary jurisdiction matters loc"l ordinances and certain Eng-fish Acts, and in criminal matters the Indian Penal Code. then as Acting Judge of no way altered thst opinion. A system which in 1856 was probably a necessity, has now become a dangerous anomaly. The Supreme Court claims and exercises a right in criminal cases to consider grounds of appeal not filed in this Court and mat-tors appearing neither in the case as stated by this Court nor on the record, In civil cases the Cuprome Court claims and exercises a like jurisdiction, and is prepared to hear and detenaine an appeal without having before it the Judge's reasons for his decisions in the Court.

"With all possible respect for the Supreme Court of the Straits Settlements it is my duty to say that such a practice ivy on appeal introduces into judicial proceedings an element of chance which is not in the best interests of British subjects in Majesty's ment, who have occasion Siam or of others, including His Siamese

to sue or enter criminal charges against British subjects in this Court. The practice has a tendency to demorslise the Bar, Sver serioos, in this Goure, The fewly. ives an air of unreality to any trial, how-

appointed Ju' is naturally unaware thee fats and: T trast that, what T hav with great reluctance and I hope a proper respect, thought it my duty to this Court to say, may assist him in obtaining the Tong called-for appeal to the Judicial Uommittee of H. M, Privy Council

Text read from the printed page and cleaned; old type leaves the occasional error.

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