Jaque:
We must in this tho ap ensput eus augt 7.
In 1873 the then for stong kang finding that the public objected to their complaint against the police being dealt with by the Cafe" Superintendant tred of the magistrates - ispred being standing ander that when complaints were made agaand the Police (Except there of a my trifting a complainant should to recommended rature) washind
2 the 4 affly to the Magistrate for a summens a
The present O.A.G. on the advice of the Attorney Fiscal has recommended that order and substituted.
are the investigate the charg an ander that all much complaints 4th Capt. Superintendent and that be proved and he thinks ther portice of the case will be met by the infliction of any of the pumistonents (by fine up to $425 or emporionment not exceeding 7 days with hard labour) which he is to deal with the case after investigation he thinks the case is mé in what he ought not to interpore he is to explain the matter to the parties and allows them to do what they think best.
Mr Deane the Capt. Superintendent objects to their Order on the ground that he has no power under the order to inflict punishments Except for "breach" of discipline or neglect of duty, whereas the order seems to imply that he is to adjudicate upon and punish for offences of all kinds - and This construction is borne out by the Attorney General's Minute in which he expresses his opinion that the Capt. Superintendent may punish police officers for minor offences.
Both recur to Kat mele cases, punished under Section 15 of Ordinance No. 7 of 1862 though dir ca dis mipal shrequent happages he only mentions the mode of punishment for & Merian offences.
I think that Mr Deane is right in his contention that he has no power to inflict fine or imprisonment under the Ordinance for crimes which cannot be characterized as a breach of discipline or neglect of duty.
The new Standing Order is open to objection. On the other hand, it seems to have been understood that the Capt. Supt is precluding from inquiring into complaints where it is a matter cognizable by the Courts, that if the complainant does not care to prosecute, the accused police officer is not to be departmentally inquired into.
Now the new Order requires directing not only prosecution but also departmental inquiry. If this is so, the Capt. Supt is to inquire into all complaints - and if the charge is a breach of discipline or neglect of duty, he is to deal with it in accordance with the Police Ordinance.
If it is a criminal offence prima facie unconnected with police duty and a case is made out, he should recommend the complainant to prosecute and if the complainant fails to do so, he should himself take out a summons against the accused and try the case.
I do not think Mr. Deane is to be blamed for bringing the question before the Board of State. I do not understand that he has refused to obey the ...