CO129-020 - Sir John Davis - 1847 [5-8] — Page 282

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

2.

and to act with independence. If there is evidence to support a criminal information and the attomey General

is satisfied that there is satisfied

to file an information

ia,

it is his duty

and

bring

the

offender to trial before the Supreme Court, but if on the contrary

evidence is in

it would be

ar

were

the

his judgment in sufficient,

abuse of his power

an abuse

and

drag

an act of injustice to the accused if he

ation and to file an information the party before a Criminal Court. As he is clothed with the powere of a

200

he must be subject to

are

Grand Jury, the lawe by which Grand Juries Regulated. These laws are uncknown

in

Hongkong : A Grand Juror

Sworn

to

Secrecy -

ie

He is bound on

oath not to divulge any facts which

come to his knowledge during.

may

276

previous

3

the examination of witnesses pres to the trial under pain of being fined ;

.

formerly, indeed he became accessory to the offence, if felony, and if treasons principal. The true dipot of the

secrecy to prevent the evidence,

the evidence produced. the brand Jury from being counteracted by subemation of perjury

is to

before

ove

the part of the defendant and to prevent the minds of the petite Jury from becoming prejudiced for or against the prisoner. The Alteney General of this Colony,

is in

the

position of a Grand

Jury and cannot divulge any facte to his knowledge.

which

may

officially .

Comme

It is a libel for a Newspaper

to publish the preliminary examination, takeon ex parte before a Magistrale - previous to the committing.

a

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