CO129-093 - Acting Governor Mercer - 1863 [7-10] — Page 310

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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309

I enclose Copy of Ordinance No 8 of 1845, of which the first clause invests the Attorney General with the functions of a Grand Jury.

I have in like manner to report that the right of refusing to bring prisoners to trial is and always has been exercised at the discretion of the successive Attorneys General of this Colony.

The most immediate proof of this is found in the very first case that came before the Consulate after Smale had been informed of my disapproval of his claiming these fees. I enclose Extract from the Criminal Calendar of the last July.

No 1

No 2

I have given Your Lordship's decisions, and beg particularly to call Your Grace's attention to the remarks of the Acting Chief Justice, from which Your Grace will receive confirmation of the reply to the two points on which Your Grace requires information, viz.: that the Attorney General is legally recognized as a Grand Jury, and that he legally exercises the right of refusing to bring cases to trial.

I would specially draw attention to this Extract as meeting a further point and showing that this right has been exercised by Attorney Smale in Criminal Cases from the Consulates. I have no doubt it has been from time to time...

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309 I enclose Copy of Ordinance No 8 of 1845, of which the first clause invests the Attorney General with the functions of a Grand Jury. I have in like manner to report that the right of refusing to bring prisoners to trial is and always has been exercised at the discretion of the successive Attorneys General of this Colony. The most immediate proof of this is found in the very first case that came before the Consulate after Smale had been informed of my disapproval of his claiming these fees. I enclose Extract from the Criminal Calendar of the last July. No 1 No 2 I have given Your Lordship's decisions, and beg particularly to call Your Grace's attention to the remarks of the Acting Chief Justice, from which Your Grace will receive confirmation of the reply to the two points on which Your Grace requires information, viz.: that the Attorney General is legally recognized as a Grand Jury, and that he legally exercises the right of refusing to bring cases to trial. I would specially draw attention to this Extract as meeting a further point and showing that this right has been exercised by Attorney Smale in Criminal Cases from the Consulates. I have no doubt it has been from time to time...
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309 I enclose Copy of Ordinance No 8 of 1845, of which the first clause invests the Attorney General with the functions of a Grand 3. Jury. I have in like manner to report that the right of refusing to bring prisoners to trial is and always has been exercised at the discretion of the successive allernies General of this Colony 4. is found from The most immediate proof of this in the irst case that came very first a Consulate after to? Smale had been informed of my disapproval of his claiming these fees, I enclose Extract from the Criminal Calendar of the last July No 1 No 2 > ( I have given which Your Dessions, and beg particularly to call Your Grace's attention to the remarks of the Acting Chief Justice, from which Y Your Grace will receive confirmation of the reply to the two points on Grace requires information, biz: that the Attorney General is legally recognized a Grand Jury, and that he legally exercises the right of refusing to bring cases to trial. QA 5. I would specially draw attention to this Extract as meeting a further - has point and showing that this right been exercised by alter Smale in Criminal Cases from the Consulates, .. I have no doubt it has been from time to time
2026-05-19 00:57:01 · Baseline
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309

I enclose Copy of Ordinance No 8 of 1845,

of

which the first clause invests the Attorney General with the functions of a Grand

3.

Jury.

I have in like manner to report

that the right of refusing to bring prisoners to trial is and always has been exercised

at the discretion of the successive allernies General of this Colony

4.

is found

from

The most immediate proof of this

in the

irst case that came

very first

a Consulate after to? Smale had

been informed of my disapproval of his claiming these fees, I enclose Extract from the Criminal Calendar of the last July

No 1

No 2

>

(

I have

given

which

Your

Dessions, and beg particularly to call

Your Grace's attention to the remarks of the Acting Chief Justice, from which Y

Your Grace will receive confirmation of the reply

to the two points on

Grace requires information, biz: that the Attorney General is legally recognized

a

Grand Jury, and that he legally

exercises the right of refusing to bring

cases to trial.

QA

5.

I would specially draw attention

to this Extract as

meeting a further -

has

point and showing that this right been exercised by alter Smale in Criminal

Cases from the Consulates,

..

I have

no doubt it has been from time to time

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