Judgment was given in HM. Supreme Court on Monday, Jan. 20, by the Full Court on an appeal against an order made in' HIM." Supreme Court Inst August giving the custody. of the child to the petitioner in the case Moss v, Moss and Morgan und allowing the petitioner to take the child out of the Jurisdiction of the Court. The appeal was brought by the respondent in the case, Judge A. G, Mossop presided, sitting with Judge P, Grant Jones, and Judge RE, Lindsell, Puisne Judge and acting Chict Justice of 'Hongkong. Mr. J, MoNeill appeared for the appelisnt, and Mr, H. A. Recks for the petitioner, who Is' now on leave in' England, 1 Delivering judgment Judge Mossop said: "This is an appeal brought by the respondent on the record against order made by the learned Astant Judge in Chambers on August 18, 1935, granting to the petitioner the record, firstly, the custody of the: male child of his marriage George esse Moss until further order, and Secondly, permission to take' such child out of the jurisdiction of the Court, On this appeal the appettent Seeks to amend the said order by the addition thereto of a provision thay the petitioner be not permitted to remove the said child out of the Jurisdiction of the Court gor a period exceeding a stated period of time from the date of the order. The grounds: fof the appeal are that the learned Sudye erred in law and. that. he exercised his discretion altogether wrongly in. making such order as would permit the said child to be permanently removed from the Jurisdiction of the Court," Counsel for the appellant has submitted that making the said order the learned ridge has placed it beyond the power the Court to give to the appellant access to the child at any future time.
view, however, this contention cannot be upheld, and T consider the appeal as ill-conceived. The Jurisdiction of the Court to make an order inter partes in regard to. the custody of oF access 10 this child is not founded upon {he actual presence the child in China, and such juris-Giction Is not impaired by the fact that the child may be, as it now Is, England, Tt still remains open to the Court to make an order" inter partes granting the appellant. access fo the child, "The learned Judge has here exercised a judicial discretion and he has had regard, os the paramount consideration, to the future welfare of the child, That judicial igeretion was not, improperly exer-ised, and T consider that it should not be interfered with. For those reasons in my judgment the appeal should be dismissed.
Judge Lindsoll: "I agree, and have nothing to add." Judge Grant Jones: agree:
On Mr, MeNoill asking the Cou whether the dismissal of the apes entailed the payment of costs, his Lordship intimated that no order for costs would be made, Rex vs. William Henry Spencer Suidament was pronounced by the Full Court on Monday, Jan. 20, in the cease arising' out of an appeal against a verdict of guilty of being found in possession of forged bank-notes, passed on William Henry Spencer after a trial by Jury. Sudgo A. G. Mostop presided, silting with Judge Grant Jones, and Judge R. Lindsell, Puisne' Judge and acti ing
Text read from the printed page and cleaned; old type leaves the occasional error.