17

225

desire to add deportation or imprisonment.

17. The second point which I ask your Lordship's special attention, is involved in an observation officially recorded by the Attorney General on the enclosed papers. In his further report dated 12th of June, W. Phillippo, while laying down many sound principles in which I entirely agree as to the relation between the Governor & stipendiary Magistrates, gives an admonition hardly called for, I think, by any material fact in the case.

It has been laid down, with our knowledge by the Colonial Office, and acknowledged by the Government of Victoria, Hong Kong, in the following words:

"His Excellency is prepared to charge the Magistrates with criminal conduct in the matter, & to censure the Magistrates in any case in which they have exercised their discretionary power (His Excellency will, I am sure, excuse my writing freely) would be, in my opinion, to repeat the blunder made by Lord Lytton in India when he censured or punished the Magistrate and to some extent censured also the Supreme Court.

Share This Page