į
THE HONGKONG GOVERNMENT GAZETTE, 12TH NOVEMBER, 1879.
659
"The question of the prisoner's age on the 4th conviction appears, from the notes, to have been considered by the Magistrate at the time. If His Excellency objects to the power given to Magistrates under the Ordinance the proper course to be taken seems to me to take the necessary steps in order to get the Ordinance amended."
"G. P."
The next case
Well, this offender appears to have been a dangerous character, and he was liberated. that I have on record is that of CH'AN ASAN, No. 1,230. I will not go into the details of this case, but will read your Excellency's minute, which is in these words.-The Honourable member read the minute which was to the effect that His Excellency directed the man to be proceeded against with great reluctance, the Executive Council recommending it and the Attorney General having no doubt as to the legality of the sentence. Beneath that, on the 18th June, you will find "Let the prisoner be discharged."
His EXCELLENCY.-Can you state what occurred in the meantime ?
Honourable W. KESWICK.-I have not got the particulars, but I don't think it was submitted again to the Executive Council.
His EXCELLENCY said he saw the words "Let the prisoner be discharged" were connected with an opinion of Mr. PHILLIPPO in which he expressed a doubt as to the legality of a part of the proceedings, and also of certain punishments inflicted on the prisoner.
Honourable W. KESWICK.-However, it appears he was set at liberty, clearly a dangerous charac- ter, without any security having been taken. The next case is that of LI APAK, No. 1,453. This is a case in which the deportation also appears to have been approved of by the Executive Council. Your Excellency remarks in a minute upon it. "The deportation is illegal, so the prisoner must be discharged." The Attorney General, I observe in the margin, had approved, as the other members of the Executive Council had done, of the man's deportation. I fail to see any explanation of why, notwithstanding that, the prisoner was set at liberty and nothing done to take security.
His EXCELLENCY.-Because the deportation sentence was illegal. Does the Honourable member contest that the sentence was clearly illegal?
Honourable W. KESWICK.-I will come presently to a case in which the Chief Justice kept the sessions open with a view to the discussion of a case, and the Chief Justice also on that occasion pointed the line of remedy which was open, and by which your Excellency could have proceeded against these prisoners, according to my view of the matter.
His EXCELLENCY.--The question here was, was the sentence legal or illegal? My minute says it was illegal. If the Honourable member refers again to the case I have no doubt he would say it was illegal.
Honourable W. KESWICK.-The next case is No. 1,925, 20th August, 1877, MOK AKWAI. His EXCELLENCY.-Well, what about him?
Honourable W. KESWICK.-It is remarkable only, so far as I can see, from this memorandum of your Excellency's, "Let no prosecution take place without my sanction."
His EXCELLENCY.-Will you kindly read the next minute?
Honourable W. KESWICK.-I have nothing further.
His EXCELLENCY.-It is part of the same thing. It is, "Let the prosecution proceed.”
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(Signed,)
J. P. H.
Honourable W. KESWICK.-I am sorry that, in this case, I did not turn over the leaf. saw the first part. It struck me as being remarkable. The next case I have is 2,845, which bears this remark by your Excellency, "As we have not ourselves complied with the deportation law. I am not disposed to prosecute TANG ALI for not complying with the deportation law." instance of a man being discharged without any security being taken.
I only
This is another
His EXCELLENCY.-Well, I presume there was something illegal in the case.
Honourable W. KESWICK.-I don't perceive anything.
His EXCELLENCY.-Yes, the deportation sentence itself was illegal.
Honourable W. KESWICK.-What I complain of is that nothing was done.
His EXCELLENCY.-What could be done?
Honourable W. KESWICK.-I think the matter might have been referred back to the Magistrates and security taken.