CO129-002 - Sir Henry Pottinger - 1843 — Page 384

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

of England. Chinese-

over this Colony and it's

population;

but because it seems

to me, that it will form

a good-

even

for all similar cases,

regular Court of Criminal

Justice shall be created

by

the

appointment of a Judge, and other Law Officers; and will therefore probably become the basis of an Enactment to be hereafter made by the Legislative Council, when I shall be enabled to constitute that Body,

in conformity with the Royal Charter and Her Majesty's

Settler's

This case, likewise possesses a

considerable degree

of

interest as

developing, to a certain extent, the

extraordinary (and, according to our notions, repugnant) System of

Chinese

Jurisprudence.

It will be seen

that the Accuser in the case-

382

was

obliged, on laying his complaint in

the first instance, before the Chinese

Magistrate of Sunon - to enter into bond consenting to undergo the punishment that would be by Law, awarded to the accused persons

if he failed in establishing

their

guilt being proved,

his accusation; and that he set out

by praying

in this petition

as a matter of course, that the alleged Murderer "and the woman "Neishe

may

be examined by torture,

" and, after confession, may be punished

" according to

"Law."

The utter inapplicability of any

form resembling Trial-by Jury to Her

Majesty's Chinese Subjects

seems to me to be too obvious to require any

Comment.

Page 383

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of England. Chinese- over this Colony and it's population; but because it seems to me, that it will form a good- even for all similar cases, regular Court of Criminal Justice shall be created by the appointment of a Judge, and other Law Officers; and will therefore probably become the basis of an Enactment to be hereafter made by the Legislative Council, when I shall be enabled to constitute that Body, in conformity with the Royal Charter and Her Majesty's Settler's This case, likewise possesses a considerable degree of interest as developing, to a certain extent, the extraordinary (and, according to our notions, repugnant) System of Chinese Jurisprudence. It will be seen that the Accuser in the case- 382 was obliged, on laying his complaint in the first instance, before the Chinese Magistrate of Sunon - to enter into bond consenting to undergo the punishment that would be by Law, awarded to the accused persons if he failed in establishing their guilt being proved, his accusation; and that he set out by praying in this petition as a matter of course, that the alleged Murderer "and the woman "Neishe may be examined by torture, " and, after confession, may be punished " according to "Law." The utter inapplicability of any form resembling Trial-by Jury to Her Majesty's Chinese Subjects seems to me to be too obvious to require any Comment. Page 383
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of England. chinose- over this Colony and it's population; but because it: Joems to me, that it will form model when. A- a good- even for all. Similar cased, regular. Court of friminal. Justice shall be errated. by the appointment of. a. Judge, and other Law Officers; and will therefore. probably become the basis of an Enactment to be hereafter made by the Sigistative Council, when I shall be enabled to constitute that Body, in con conformity Charter and Her Majesty's with the Royal a Setters This case, likewise pofasers a Patent. considerable degree of interest as developing, to a certain extent, the extraordinary (and, according to our notions, repugnant ) System of Chinese Jurisprudence. Jurisprudence ... It will be seen that the Accuser in the cast- 382 from it, Av as obliged, on laying his complaint in instance, before the Chiness.. the first a Magistrate . of Sunon - to enter into bond consenting to undergo the punishment that would be by Law, awarded to the accused persons quilt being proved, if he failed in establishing M... their his accusation; and that he set out. by praying in. this petition. as a matter of course, that the alleged Murderer "and. This Conrades with the woman "Neishe * may be examined by torture, " and, after confession, may be punished_ " according to " "The utter inapplicability of any form resembling Trial - by Jury" to Her ets seems to Majesty's Chinese Subjects me to be too obvious to require any Commentin
2026-05-16 09:16:03 · Baseline
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of England. chinose-

over this Colony and it's

population;

but because it: Joems

to me, that it will form

model

when.

A-

a good-

even

for all. Similar cased,

regular. Court of friminal.

Justice shall be errated.

by

the

appointment of. a. Judge, and other Law Officers; and will therefore. probably become the basis of an Enactment to be hereafter made by the Sigistative Council, when I shall be enabled to constitute that Body,

in con

conformity Charter and Her Majesty's

with the Royal a Setters

This case, likewise pofasers a

Patent.

considerable degree

of

interest as

developing, to a certain extent, the

extraordinary (and, according to our notions, repugnant ) System of

Chinese

Jurisprudence.

Jurisprudence ... It will be seen

that the Accuser in the cast-

382

from it,

Av as

obliged, on laying his complaint in

instance, before the Chiness..

the

first

a

Magistrate . of Sunon - to enter into bond consenting to undergo the punishment that would be by Law, awarded to the accused persons

quilt being proved, if he failed in establishing

M...

their

his accusation; and that he set out.

by

praying

in.

this petition.

as a matter

of course, that the alleged Murderer "and. This Conrades with the woman "Neishe

*

may

be examined by torture,

" and, after confession, may be punished_

" according

to

"

"The utter inapplicability of any

form resembling Trial - by Jury" to Her

ets seems to

Majesty's Chinese Subjects

me to be too obvious to require any

Commentin

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