171

them to exercise authority

over the Chinese

population in accordance with Chinese usages, to far as these should not be repugnant to

humanity,

and over

other persons according

to general police practice in England; it being then, understood to be the purpose of the Governor in Council to supersede these Warrants by Colonial Ordinances more specifically regulating the Magistrate's authority. But this sunumary power ( since) confirmed by Ordinance 10 of 1844) was soon with the verbal sanction of the Sevenment, extended to all persons other than those of European origin; and shortly befue His Excellency the late Governor was relieved, an Ordinance giving it a still wider range was about to be laid before the Council. This purpose having been interrupted, the right hitherto exercised of disposing of such cases summarily when the Defendants

are

are not Chinese, rests almost solely

were it

on

to be

prescription, which might not protect us

it disputed : yet were the offender sent for trial in the Supreme Court; such a course would frequently entail much expense

the Government, and on

account of the

ov

fluctuating nature of population, much hardship on all parties

Jam

concerned.

am aware that such a power cannot be reconciled with the strict principles of the English Law, but the unprecedented nature of the population of Hongkong, seems to warrant a departure from and could form no just were the defendants in every

cause

00 MILov

usage, of complaint,

cate

to be

allowed to claim the right of trial by jury.

should they Magistrate

deem the decision of the

le erroneous.

(Fruelspy.)

I have, te.

(Signer) C. B. Hillier

Marine

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Off 9 Chief Magushate of Police,

Off 2 Colonial Secretary.

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