The Archive · 1921

A Question Answered

The case of Messrs. J. P. Bisset

Ca. v. J.T. Hammond, which has just been decided in H. M. Supreme Court, and in which the defendant signified his intention of appealing, has raised a question among, some of our readers as to the Court to which the appeal! could be carried. It can, of course, be taken to the Full Court here or to the Privy Council noder rules governing such matters. As showing how the various Orders-in-Council provide against practically every—emergency, the absence of one of the two judges from Shanghai need create no difficulty in the case of an appeal to the Full Court. For by the China (Amendment) Order-in-Council, 1917, the Full Court can be composed of a judge and ai barrister of seven years' standing sitting as judge, as in a recent case where Mr. H. P. Wilkinson, Crown Advocate, occupied that position. Naturally, as things stand, the judge whose decision is appealed against, hears the appeal, but it is a matter for pride in the British judicial system that our judges are able to rehear a case with perfectly open minds and ready to alter their opinions where argument is advanced justifying them in doing so.

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

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