CO129-110 - Others - 1865 — Page 86

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

18

This putting the matter into the hands of the Court proves that I spoke the truth and that he did not surely is a phase of Jurisprudence which merits a remedy. There is no legal appeal provided and hence I apply to you, Sir, as having it in your power to make some provision against a repetition of such an occurrence. I should explain that Mr. Kengemill, my opponent in the cases of which I complain, is a barrister-at-law who has resided in the Colony for about twelve years and has acted as Attorney General, and on one occasion during the vacancy of that office.

Under the Ordinance (now happily repealed) which amalgamated the two branches of the legal profession, W. Thring-smith carried on the business of general Practitioner at law.

I should further explain that there is a Court in Hongkong called the Summary Jurisdiction Court, which sits without a Jury, and in which sums up to five-hundred dollars can be tried. The Appeal from this Court lies to the Supreme Court - goes no farther. During the absence of the Chief Justice, W. Ball, the Judge of the Summary Court presides at the Supreme Court, and Mr. Whyte, a barrister, has been appointed Stipendiary Magistrate in Mr. Ball's place at the Summary Court. The decisions I complain of were made by Mr. Whyte in the Summary Court on the 25th July. I moved for leave to appeal and obtained the privilege of an interview with Mr. Ball in Chambers when my application was refused on the ground that no evidence had been rejected, a dictum which I cannot presently assent to for reasons which will appear.

I should also explain, I employed no counsel, because in a small Community like this, a lawyer cannot be induced to act against another. My powers of diction and argument being very circumscribed, I crave reference to a Report of the cases referred to contained in the annexed local paper. The remarks of the Editor, though in many points pertinent and applicable to the Cases, are in no way responsible for the style I have perused there.

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18 This putting the matter into the hands of the Court proves that I spoke the truth and that he did not surely is a phase of Jurisprudence which merits a remedy. There is no legal appeal provided and hence I apply to you, Sir, as having it in your power to make some provision against a repetition of such an occurrence. I should explain that Mr. Kengemill, my opponent in the cases of which I complain, is a barrister-at-law who has resided in the Colony for about twelve years and has acted as Attorney General, and on one occasion during the vacancy of that office. Under the Ordinance (now happily repealed) which amalgamated the two branches of the legal profession, W. Thring-smith carried on the business of general Practitioner at law. I should further explain that there is a Court in Hongkong called the Summary Jurisdiction Court, which sits without a Jury, and in which sums up to five-hundred dollars can be tried. The Appeal from this Court lies to the Supreme Court - goes no farther. During the absence of the Chief Justice, W. Ball, the Judge of the Summary Court presides at the Supreme Court, and Mr. Whyte, a barrister, has been appointed Stipendiary Magistrate in Mr. Ball's place at the Summary Court. The decisions I complain of were made by Mr. Whyte in the Summary Court on the 25th July. I moved for leave to appeal and obtained the privilege of an interview with Mr. Ball in Chambers when my application was refused on the ground that no evidence had been rejected, a dictum which I cannot presently assent to for reasons which will appear. I should also explain, I employed no counsel, because in a small Community like this, a lawyer cannot be induced to act against another. My powers of diction and argument being very circumscribed, I crave reference to a Report of the cases referred to contained in the annexed local paper. The remarks of the Editor, though in many points pertinent and applicable to the Cases, are in no way responsible for the style I have perused there.
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18 This the hands of the Court provert that I spoke the truth and that he did not surely is a phase of Jurisprudence which merits a remedy. There is no legal appeal provided and hence I apply to as having it in you, Lir. your paneer to make some provision against a repetition of such au occurrence, I should e. plain that Mr. Kengemill my opponent in the cases is a I complame of barrester-at-law who has resided in the Colony for about twelve who has acted as than years Attorney General. and bu Mone one occasion during the vacancy of that office. Under the Ordinance. (now happily repealed) which amalgamated the two branches of the legal profession W. thingsmile carried on the business of general Practioner at law = M should further explain that ther baust in is a Hongkong called the Summary Jurisdiction Caurt, which sits without a Sury, and in which sents up to five -hundred dollars can be tried. The Appeal. from this Court lies to the Supreme Court - gaes no farther. Diving to the leut. abunce 0x0 84 I the absence of the chef Suctive, W Ball the Judge Mr of the Summary Caunt presides at the Supreme Count, and M.. Whyte rx barrister, -Stipendiary Magistrates has been appointed in M. Balli place at the Summary Court. The decisions I complain of were made by M. Whyte in the Cummary Count on the 25th I moved for leave to exppeal and oblanied the privilege of an interview enth Mr. Ball in Chambers when was refused on the ground that no evidence had been rejected, a dictume Scannot e presently July. my application cessent to for reasons which will, appear. I should also explain, I employed no famusel, because in a small Community like this a lawyer. cannot be induced to act against another- My powers of diction and argument being very excumscribed. I crave reference to a Report of the cases refer to contained in the annexed local paper The remarks of the Editor Cases, though the in many paints pertinent and applicable I am in no in no way responsible for stile I bee perused leeg ther Prriter The
2026-06-20 22:30:40 · Baseline
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18

This

the hands of the Court provert that I spoke the truth and that he did not surely is a phase of Jurisprudence which

merits a

remedy. There is no legal appeal

provided and hence I apply to

as

having it in

you,

Lir.

your paneer to make

some provision against a repetition of

such

au

occurrence,

I should e. plain that Mr. Kengemill

my opponent in the cases

is a

I complame of barrester-at-law who has resided in

the Colony for about twelve

who has acted as

than

years Attorney General.

and

bu Mone

one occasion during the vacancy of that office.

Under the Ordinance.

(now happily repealed) which amalgamated the two branches of the legal profession W. thingsmile carried on the business of general Practioner at law =

M

should further explain that ther

baust in

is a

Hongkong called the Summary Jurisdiction Caurt, which sits without a Sury, and in which sents up to five -hundred dollars can be tried. The Appeal. from this Court lies to the Supreme Court - gaes no farther. Diving to the

leut.

abunce

0x0

84

I the

absence of the chef Suctive, W Ball the Judge

Mr of the Summary Caunt presides at the Supreme

Count, and M.. Whyte rx barrister, -Stipendiary Magistrates has been appointed in M. Balli place at the Summary Court. The decisions I complain of were made by M. Whyte in the Cummary Count on the 25th I moved for leave to exppeal and oblanied the privilege of an interview enth Mr. Ball in Chambers when was refused on the ground that no evidence had been rejected, a dictume Scannot

e presently

July.

my application

cessent to for reasons which will,

appear.

I should also explain,

I employed no famusel, because in a small Community like this a lawyer.

cannot be induced to act against another-

My powers of diction and

argument being very excumscribed. I crave reference to a Report of the cases refer to contained in the annexed local paper The remarks of the Editor

Cases, though

the

in many paints pertinent and applicable I am in no

in no way responsible for stile I

bee perused

leeg ther

Prriter

The

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