CO129-057 - Sir Bowring - 1856 [7] — Page 218

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

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I do not disagree with His Lordship's views but with his reasoning.

When he says "if a misdemeanour be entitled to notice much more should his life be so entitled." To illustrate this, a person exercising lawful but offensive callings happens to come so near to me as to be a nuisance, and I indict him, although perhaps he may be a public benefactor and I his customer, but I object to living near to one carrying on his offensive business under my nose. The law provides in Hong Kong, and did formerly in England, that such offenders were entitled to notice of trial.

But take the other case - A man breaks into my house dead of night and murders my wife or child, stabs and wounds those who attempt to secure him, and is at last bound by the police, captured, flogged, and convicted without the faintest doubt of his guilt. This outlaw, if the arguments of the Chief Justice are sound as they are merciful to the criminal, would be entitled to greater consideration than the ploughterman, who secretes a slaughtered cow in my dwelling, and receives beef and mutton supply at my table.

I could read the Reg. Gen of 1 March 1847, 5, 38, 39, 141, and 45, as I hear they have been read and acted on, without being struck with the absurdity of holding that they apply to felons, that a prisoner is entitled to a polite warning to come and surrender, and on non-compliance to be taken into custody.

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62 I do not disagree with His Lordship's views but with his reasoning. When he says "if a misdemeanour be entitled to notice much more should his life be so entitled." To illustrate this, a person exercising lawful but offensive callings happens to come so near to me as to be a nuisance, and I indict him, although perhaps he may be a public benefactor and I his customer, but I object to living near to one carrying on his offensive business under my nose. The law provides in Hong Kong, and did formerly in England, that such offenders were entitled to notice of trial. But take the other case - A man breaks into my house dead of night and murders my wife or child, stabs and wounds those who attempt to secure him, and is at last bound by the police, captured, flogged, and convicted without the faintest doubt of his guilt. This outlaw, if the arguments of the Chief Justice are sound as they are merciful to the criminal, would be entitled to greater consideration than the ploughterman, who secretes a slaughtered cow in my dwelling, and receives beef and mutton supply at my table. I could read the Reg. Gen of 1 March 1847, 5, 38, 39, 141, and 45, as I hear they have been read and acted on, without being struck with the absurdity of holding that they apply to felons, that a prisoner is entitled to a polite warning to come and surrender, and on non-compliance to be taken into custody. 215
Baseline (Original)
62 I do not dive gree with How Lordship's itives but with his reass Rearnings when זר he says " if ar, mirdemoment be + entitled to notice multo fortion tried his life must be so entitled. At illustrate this a prom Oxercising lawful but offensive saltings, cappens to come so near to, to mne o to be OL Misance, and I indict him, alltingl perhaps he, May His be a fentlic benefretor and I his customer, but I slyset to liv mited carrying on his offensive business under my tore _The low-provides in Hong- and did formerly in England, Move ng, that such offenders notice of triak were entitled to But take the other case - Am Liouve at armed Ruffiorum brook's into pay dead of night and murders, my wife or child, stabs and wounds those who 215 attempt to secure him, and is at last bound by the leeks, captured flag route. delists, without the finallest douth of his guilt _This out-sterrat, if the arguments of the bluef Justion Sound as they are persiful to the tice Avere av criminal, would be entitled to greater consideration than the plaughteraman, whiscreets a slaughter love too, kar my dwelling, and whieve Reef and Mutton supply pay table; Jean hondly Emissive line anybody could read the Reg. Gen of 1 March $5 38, 39, 141 and 45, as I hear they 1847,5 Ον have been read and acted on, without being struck with the absurdity of the holding that they apply to flows _off that were to a pierderer is c.. titled to a polite puersange to come and the hanger, care of non-compliance to be and sin cave 14
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62

I do not dive gree with How Lordship's

itives but with his reass

Rearnings

when

זר

he says " if ar, mirdemoment be + entitled to notice multo fortion

tried his life must be so entitled. At illustrate this

a prom Oxercising lawful but offensive saltings, cappens to come so near to,

to mne o to be

OL

Misance, and I indict him, alltingl perhaps he,

May

His

be a fentlic benefretor

and I his customer, but I slyset to liv

mited carrying on his offensive business under my tore _The low-provides in Hong-

and did formerly in England,

Move

ng,

that such offenders

notice of triak

were

entitled to

But take the other case - Am

Liouve at

armed Ruffiorum brook's into pay dead of night and murders, my wife or

child, stabs and wounds those who

215

attempt to secure him, and is at last bound by the leeks, captured flag route. delists, without the finallest douth of his guilt _This out-sterrat, if the arguments of the bluef Justion Sound as they are persiful to the

tice

Avere av

criminal, would be entitled to greater consideration than the plaughteraman, whiscreets a slaughter love too, kar my dwelling, and whieve Reef and Mutton supply pay table;

Jean hondly

Emissive line anybody

could read the Reg. Gen of 1 March $5 38, 39, 141 and 45, as I hear they

1847,5

Ον

have been read and acted on,

without

being struck with the absurdity of the

holding that they apply to flows _off that were to a pierderer is c.. titled to a polite puersange to come and the hanger, care of non-compliance to be

and sin cave

14

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