lous.
These papers seem to me to disclose an
extraordinary state of affairs.
As Mr.Brewer was a Barrister, the Attorney-
General, upon his conviction, sent the papers, as a
matter of normal routine, to the Benchers of his Inn
in order that they might disbar him. The Benchers,
however, replied, firstly, by pointing out that they
have had before them the whole proceedings in the case,
lastly
and handing up by saying that they are "unanimously
of opinion that they cannot find any justification for
the conviction and do not see their way to take any
disciplinary action." In the meantime, Mr.Shenton,
an Unofficial Member of the Executive Council, appears
to have been going into the case and had come to the
conclusion that the conviction was wrong. The
Government, apparently, then consulted the Attorney-
General. He also advised that the conviction was wrong
The Chief Justice, who had been consulted, gave the
same advice. The Governor, however, has preferred, or
has thought it necessary, to act in regard to this
matter which involves a highly technical point of
law
-
<<
upon the advice of the other Members of the
Executive Council, the Secretary for Chinese Affairs,
the Colonial Secretary, and so on.
I should not have thought that it ought to
have been possible for a Government, upon a matter of
this sort, to reject the advice of its own Attorney-
General and Chief Justice.
Mr.Mills, the Solicitor-General in the
Straits, who is assisting us temporarily in the Office,
has put up a very careful and valuable note, which is
attached. You will see that he agrees that the
conviction was wrong. I have not read the whole of the
evidence, but I have read the summing up, the tone of
which
Page
Page
9
Fust Jensioning Names Mouse
which I much dislike, and a good deal of the other
papers, and I have seen quite enough to agree
with him that the Judge misdirected the Jury, and
I, too, think that the conviction is wrong in law.
It seems to me that we ought to write
semi-officially to the Governor, sending him a
x
copy of Mr.Mills' note, and commenting generally
as above, and I think we should add that if the question is raised in this country as he anticipates,
the Secretary of State, in all the circumstances,
would find the greatest difficulty in supporting
the action of the Hong Kong Government.
Incidentally, it might be desirable to
tell the Governor that the compensation paid in the Barry case was £10,000, and not £2,000, as is stated
in these papers, but, of course, that case dragged on until there was a public scandal, which is always apt to increase the amount of compensation which one
has to pay.
M.B. There is no Court Jelininal
affeal - Ath.
Si S. bilion
B 7.8.07.
I have read the proceedings
with more diligence
than
anlightenment, and if I say that
a licen la ang
in commonly
lucky like tried basty,
not excessarily mean
rejard
I does
that
Mr Brewer and
I aquel
A,
ل
горис
saction, except
that
age 9
age 9
Page
Page
that I shound beefen a coupe 10
berbatch to ma
8.0. better.
wus. 8/8/31.
As prepared.
I'm afraid Uet this
Sed
срело
atonce
(0.8.31.
See of State to see
late
BIL
امی
19/3/31
dfr for
consin Ww.
Thatit S
11/8/31
how harpies Anyon Exts. 31/8/31 Ext
2 to for. Conf (2) (~/1⁄2 him) (1 aned) 18. 8.31
3. Gou TEL 208
Stas
16. X
granted Brewer free pardon, & Firrance Committer of Legislative Cornment have approved payment of £1000, requests
ex gratia
Authority for payment accordingly.
Dis
Presumably th. Brewer will accept
final settlement but in
would be
well
to have this clean.
Approve (by (ex-) saging kar i
is
ge 10
ge 10Page 11