stated that in the event of perjury being proved against the witness Leung You, he would consider that it vitiated the whole of the evidence against the prisoners, in so far as the establishment of a prima facie case is concerned; and that he would at once discharge the prisoners.
I submit that the Magistrate acted irregularly, and contrary to all practice, postponing the rendition case until the trial of the witness Leung You for perjury.
The magistrate must decide on the evidence as given before him, and nothing else. Whether a witness is Convicted of perjury or not cannot bind, and should not influence the Magistrate's decision in any way.
The case for the prosecution in the perjury trial might break down for many reasons, and yet the man may be guilty. Will the magistrate allow himself to be guided by a verdict which may be given on technical grounds alone?
The Judges of Superior Courts have animadverted in strong terms against this. It is very irregular, has no custom or decision to support it, and it is clearly against the ordinary and well-established rules that the magistrate must decide based on the evidence before him.