CO129-054 - Sir Bowring - 1856 [1-2] — Page 165

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

opening the prosecution could fail,

and he recommended that a Nolle prosequi should be entered on behalf of the Crown, on the ground that written warrant for the committal of Captain Michels had not been delivered to the Officer of the Court;

and, during the "prosecution, mention was made

having communication on the subject

巴

with Chief Justice Houline, I understand from him, that if the case were brought before him, he should decide that the prisoner Michels was not legally in custody, and the indictment for rescue was not good in law, and he countenanced

the suggestion that to enter a

Nolle prosequi should be the most satisfactory arrangement of the matter. I determined to direct

a Nolle prosequi, and I instructed the Colonial Secretary to intimate this conclusion to Mr. Keenan's Counsel.

But, in justice to the committing Magistrate, I must point out that the practice pursued in this case has been customary ever since the establishment of the Police Court, and that the Boat Building is in the same enclosure as the Yard, as will be seen from the enclosed N.1 plan, which I forward in order

that the circumstances of the case may be fully apparent.

Page 160

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opening the prosecution could fail, OL and he recommended that a Nolle prosequi should be entered on behalf of the Crown, on the ground that written warrant for the committal of Captain Michels had not been delivered to the Officer of the Court; and, during the "prosecution, mention was made having communication on the subject 巴 with Chief Justice Houline, I understand from him, that if the case were brought before him, he should decide that the prisoner Michels was not legally in custody, and the indictment for rescue was not good in law, and he countenanced the suggestion that to enter a Nolle prosequi should be the most satisfactory arrangement of the matter. I determined to direct a Nolle prosequi, and I instructed the Colonial Secretary to intimate this conclusion to Mr. Keenan's Counsel. But, in justice to the committing Magistrate, I must point out that the practice pursued in this case has been customary ever since the establishment of the Police Court, and that the Boat Building is in the same enclosure as the Yard, as will be seen from the enclosed N.1 plan, which I forward in order that the circumstances of the case may be fully apparent. Page 160

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opening the procention could foil, OL and he recommended thirt a Molle forreequin Himild be entered on behalf of the bram, on the ground that written warrant for the committal of Captain Michols had not been delivered to the Officer of the Cuart; and, during the "prost, mumith, leaving had enumunication n the subject 巴 with bluif justice Houline, I understand pon him, that if the cove were brought before him, he should deside that the prismer Michels now not legally in custody, and the indistment for resove pas not good in bow, and he cmoured Inggestion that to enter a in the the 160 Wolle proceque somuld be the most Satisfactory amongement of the matter. I determined to direct wolle perroque, and I instrusted the Coinual beretary to intimate this conclusion to Mr. Keenan's Comet. bant, in justice to the committing Magistrate, Ipust pant not that the practice punoned in this cause how been customary ever five the establishment of the Police brut, and that the boat Building is ie the same evelreure as the Yard, as will be seen from the enclosed_ N. 1 .__ plan, which I forward in order that the circumstances of the mory be fully apporrent " cash }

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opening the procention could foil,

and he recommended thirt a Molle forreequin Himild be entered on behalf of the bram, on the ground that written warrant for the committal of Captain Michols had not been delivered to the Officer of the Cuart;

and, during the "prost, mumith, leaving

had enumunication n the subject

巴

with bluif justice Houline, I understand pon him, that if the cove were brought before him, he should deside that the prismer Michels now not legally in custody, and the indistment for resove pas not good in bow, and he cmoured

Inggestion that to enter a

in the

the

160

Wolle proceque somuld be the most Satisfactory amongement of the matter. I determined to direct

wolle perroque, and I instrusted the Coinual beretary to intimate this conclusion to Mr. Keenan's Comet.

bant, in justice to the committing Magistrate, Ipust pant not that the practice punoned in this cause how been customary ever five the establishment of the Police brut, and that the boat Building is ie the same evelreure as the Yard, as will be seen from the enclosed_ N. 1 .__ plan, which I forward in order

that the circumstances of the mory be fully apporrent "

cash

}

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