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possibly affect persons and villages in our territory and necessitate increased vigilance, just as it would be expedient for the executive of the Colony to keep you informed of → any crime that might affect the territory held in military occupation. This in fact is not more than has heretofore been done by the Chinese authorities and ourselves.
H. A. BLAKE.
4.
Pawnbroker at Sham Chun requests that he may be sent to Hong Kong to give evidence in the Police Court.
(1).
From Chief Inspector MACKIE to Hon. C.S.P.
SIR,
August 8, 1899. AT midnight on the 10th ultimo seven men armed with rifles, revolvers and swords entered the houses in Ku Tong [Chinese characters] village and stole jewellery, money and clothing value $70. No report was made to the Police at the time, but on the 26 ultimo the village watchman arrested one of the thieves with a pawn-ticket on the Yuen Fung [Chinese characters] pawnshop in Sham Chun in his possession for two jackets which were identified as part of the property stolen. The prisoner was brought before the magistrate and the case is remanded until 3 p.m. on Thursday the 10th instant. Lo Sik [Chinese characters], of the Yuen Fung pawnshop, Sham Chun, has been requested by police constable 85 Robertson to attend at the police court (with his books) to give evidence, but refuses to do so.
A. MACKIE,
Chief Inspector.
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The Officer Commanding has therefore received the following instructions: (1). To act of course with the utmost firmness in putting down any sort of outrage or violence by which the safety of the camp or of the troops is imperilled.
(2). To endeavour to promote peaceful internal administration in the neighbour- hood by moral influence, by getting the confidence of the elders and principal people of the towns and villages, and inviting their co-operation in the maintenance of order, putting the maintenance of order upon them, and by endeavouring by advice and help to render them all possible assistance to that end.
But he has been expressly warned that in all purely internal dissensions between Chinese, where the safety of the troops cannot be said to be indirectly affected, he must be careful to avoid any repressive measures of severity as from the peculiar nature of our occupation, his right to so interfere is more than doubtful.
The result of this wise administration is seen in the comparative quiet of this neighbourhood, in the confidence widely shown by the elders of villages in the Officer Commanding Troops (Major Prendergast) and this will form the subject of a despatch* I am in course of writing to Your Excellency.
But this man, whose evidence is wanted by the police, is unwilling to come for- ward; there may be many good reasons for this unwillingness, notably in the possible case of our withdrawal, the forfeit of his life if he went willingly. At any rate, he is unwilling, and my only means of sending him would be to make him a prisoner and send him in under escort.
If on so arriving at the Court he were to decline to reply to any questions, or were to perjure himself, or were to treat the Court with contempt, I fail to see what steps the Court would be empowered to take, and if he were to appeal to the Chinese au- thorities against this illegal arrest, I think that the action of subordinates might place Your Excellency in a false position.
At any rate I should think it unwise to allow those who take orders from me to act otherwise than in a perfectly legal manner. I have therefore declined to force this man to attend against his will.
I should be glad of an expression of opinion from Your Excellency.
(2).
Hon. C. S.P. to Hon. COLonial Secretary.
Ku Tong referred to in the attached report is in our jurisdiction.
Please ask the military authorities to send Lo Sik, of the Yuen Fung pawnshop in Sham Chun, to Hong Kong to give evidence.
I cannot subpoena him, as Sham Chun is not in the jurisdiction. August 8, 1899.
A. H. MAY.
(3).
Hon. COLONIAL Secretary to DEPUTY Assistant Adjutant-General. (Early.)
Can you kindly arrange as requested?
August 8, 1899.
J. H. S. LOCKHART.
(4).
W. J. GASCOIGNE,
Major-General,
&c., &c., &c.
(5).
From His Excellency the GOVERNOR to Hon. COLONIAL SECRETARY. Ask the Attorney-General for advice on this point. It appears to me that while we hold the Sham Chun valley we have power to compel a person to come forward and give evidence in such a case as the present or ought to have such power. Otherwise the territory held by us, and where peace is preserved by the presence of our armed forces, might become an Alsatia as regards the territory on its borders, now under civil jurisdiction. The point on which I should like to have the advice of the Attorney- General is whether there would be any violation of legal principles in this man being compelled to attend by the military authorities.
August 11, 1899.
H. A. B.
From GENERAL OFFICER COMMANDING to His Excellency the GOVERNOR. YOUR EXCELLENCY,
Camp, Sheung Po, August 10, 1899.
I SCARCELY think that the attached papers can have been seen by Your Excel- lency, as the request therein contained differs so widely from the instructions given to me by Your Excellency for the military administration of this neighbourhood.
As I understand it the town and immediate neighbourhood of Sham Chun is held in military occupation by us, as a sort of hostage, pending the agreement by the Chinese Government to certain conditions laid down by Her Majesty's Government, and we have been distinctly informed that on acceptance by China of these conditions. we may be ordered to withdraw.
(8)
From Hon. COLONIAL SECRETARY to Hon. ATTORNEY-GENERAL. (Immediate. Hon. Acting Attorney-General.)
Please advise.
August 11, 1899.
J. H. S. LOCKHART,
• Enclosure to this Despatch sent to the Secretary of State as enclosure to Confidential Despatch,
17th August. 1899.
PUBLIC RECORD OFFICE
Reference :-
C.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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