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"observe that that committed by Sergeant SHEIK ALIM, in this case, was deemed deserving of no action on the part of the Captain Superin- tendent, who merely referred the complainant. to his civil remedy. The Captain Superinten- "dent must well know the extreme reluctance of the Chinese to enter into legal conflict with "the Government, especially with the Police, so- "that the redress to which the outraged person
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was confined was practically none at all. But whether the civil remedy had been sought or not, the act of the Sergeant should have been "treated as a serious breach of Police duty and "have been dealt with accordingly.
I respectfully deny that the case was deemed deserving of no action on my part.
I respectfully deny the existence of extreme reluctance of the Chinese to enter into legal con- flict with the Police.
I respectfully submit that it would have been improper for me to have taken any decisive action which might in any way have prejudiced either of the parties before the hearing of the case by a Court as for instance sending the man for trial deprived of his Sergeant's stripes.
I submit that the departinental censure must follow and not precede possible legal action in a Court.
(v.) With reference to His Excellency's Mi- nute of the 18th August, 1888, I have respect- fully to point out that the advice tendered to His Excellency does not tally with the instruc- tions conveyed to me by Your Lordship's pre- decessor quoted above in (ii.)
(vi.) Further that even supposing that I com- mitted an error of judgment in advising the complainant to have resource to Civil Jurisdic- tion, the cost of which would not have exceeded two dollars and a half or seven and six pence sterling, yet this error of judgment scarcely merits the reflections of His Excellency.
(vii.) Police Offenders are brought before a Magistrate in one of three ways, by warrant, by summons, or by entry on a Charge Sheet. I adopted the most usual plan, and I followed the instructions previously quoted.
(viii.) I must respectfully decline to be held responsible because the Solicitor of the defence chose to call certain Police Officers as witnesses on behalf of his client.
(ix.) I must respectfully decline to be held responsible because the defendant of his own motion chose to employ a Solicitor for his defence, and equally so because the complainant did not
do so.
(x.) I must respectfully decline to be held responsible for the manner in which His Excel- lency states the Magistrate performed his duties or for the decision at which he arrived.
(xi.) I must respectfully invite Your Lord- ship's attention to the fact that His Excellency
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states that he is advised that the evidence was quite sufficient to warrant a conviction, yet I am inferentially accused through my influence on my subordinates of misleading a Magistrate, and His Excellency infers that I am responsible for the Magistrate's decision.
As to this charge or innuendo (in its legal sense) I have to give Your Lordship my most distinct denial that I have in any possible way directly or indirectly attempted to influence the Magistrate's decision; neither have I deviated onc hairs-breadth from the ordinary routine ob- served in sending Police Constables for trial be- fere a Magistrate.
(xil.) With reference to His Excellency's ex- pression of feeling that my conduct was biassed by Race distinctions, I have to give my most unqualified denial of the existence of any such idea on my part. I have travelled too much not to be very cosmopolitan, and I am utterly devoid of bigotry. But in connection with this matter as the previous Governors The Right Honourable Sir GEORGE BOWEN, and Sir Jous POPE HEN- NESSY are in England, I have earnestly to beg that Your Lordship will be pleased to inquire of them whether or not they have detected any such vice in my character.
In conclusion I bave respectfully to apply that 1 be credited with the honest motives of an
may Officer and a gentleman, and with the intention of discharging the duties of my Office in the proper routine and at the proper season, and that my character may not rest under the stigma of influencing directly or indirectly a Magistrate in the discharge of his duties, or of showing class or any other feeling than that of discharging the duties of my office "without favour or affection, analice or ill will."
I have the honour to be,
My Lord,
Your most obedient
humble Servant,
W. M. DEANE, Captain Superintendent of Police.