CO129-121 - Sir MacDonnell - 1867 [3-4] — Page 123

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

9

14.

119

Lenetary

was present. He stated that, in his opinion, the matter was of the greatest importance and that he had caused enquiries to be made and the records of the Court to be examined relative to what had taken place under former Ordinances, and he handed to me a document signed by a former Crown Prosecutor, circa the year 1846, the applicability of which to the principal case I did not understand. Some extracts from old reports were then read as to the extent to which judicial notice could be taken of certain matters, but I much doubt if anybody in the Court could comprehend how they affected the plain simple question, whether I had or had not the requisite authority to sign the Informations and conduct the prosecution.

A variety of questions were put to me from the Bench and I was requested to address the Chief Justice in argument upon them, but I submitted with the respect due to the Court that there was, in reality, nothing to argue. I put it then that Section I of "The Common Law Procedure Ordinance 1865" (No. 3 of 1865) prescribes the form of Information in Criminal cases, "The Attorney General coming charge, A.B."; but as the Attorney...

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9 14. 119 Lenetary was present. He stated that, in his opinion, the matter was of the greatest importance and that he had caused enquiries to be made and the records of the Court to be examined relative to what had taken place under former Ordinances, and he handed to me a document signed by a former Crown Prosecutor, circa the year 1846, the applicability of which to the principal case I did not understand. Some extracts from old reports were then read as to the extent to which judicial notice could be taken of certain matters, but I much doubt if anybody in the Court could comprehend how they affected the plain simple question, whether I had or had not the requisite authority to sign the Informations and conduct the prosecution. A variety of questions were put to me from the Bench and I was requested to address the Chief Justice in argument upon them, but I submitted with the respect due to the Court that there was, in reality, nothing to argue. I put it then that Section I of "The Common Law Procedure Ordinance 1865" (No. 3 of 1865) prescribes the form of Information in Criminal cases, "The Attorney General coming charge, A.B."; but as the Attorney...
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9 14. 119 Lenetary was present reich You Excelling when the authority Atas confurred. He further stated that, in his opinion, the matter was on.x) of the greatest importance and that he had caused enquiries to be made and the records of the Cant to be wamined I relative to what had taken place under formu Ordinances, and he handed to mo a demment signed by a former Anow Prosecutor. I think in the year 1846- the applicability of which to the preincipal case I did not understand. Some were then read extracts from old reports. as to the extent to which judicial notice could be laken of cutain matters, should much doubt if any body in the but I i Court could comprehend how they affected the plain simple question, whether I had or had not the requisits anchority le sign the Informations and _ ronduct the prosecution. A variety of questions read to was by 1 1110 www. then from the Bench and I requested to aferist the Chief Justice argument upon them, but I submitted reich the respect due ove and Over again, reach the to the Court, that there -trans in reality. neching to argue. I put it then. Section I of "The Common Law Procedund گی Ordinance 1865 (N: 3 of 1865) prescribes کار کے cases, Town of Information in Criminal. iture "The Attorney Gennal coummeing charge, A.B. t: but as the attorney
2026-05-19 17:06:31 · Baseline
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9

14.

119

Lenetary

was

present reich

You

Excelling when the authority

Atas

confurred. He further stated that, in his opinion, the matter was on.x)

of the greatest importance and that he had caused enquiries to be made and

the records of the Cant to be wamined I relative to what had taken place under formu Ordinances, and he handed to mo a demment signed by a former Anow Prosecutor. I think in the year 1846- the applicability of which to the preincipal

case I did not understand. Some

were then read

extracts from old reports. as to the extent to which judicial notice could be laken of cutain matters, should much doubt if any body in the

but I

i

Court could comprehend how they affected

the plain simple question, whether I had or had not the requisits anchority le

sign the Informations and _ ronduct the prosecution.

A variety of questions

read to

was

by

1

1110

www.

then

from the Bench and I requested to aferist the Chief Justice

argument upon them, but I submitted reich the respect due

ove and

Over

again, reach the

to the Court, that there

-trans

in reality.

neching to argue. I put it then.

Section I of "The Common Law Procedund

گی

Ordinance 1865 (N: 3 of 1865) prescribes

کار کے

cases,

Town of Information in Criminal.

iture "The Attorney Gennal coummeing

charge, A.B. t: but as the attorney

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