131
[8]
I entirely concur in the course recommended by the Attorney General.
5th February, 1860.
No. 10.
J. G. AUSTIN, Colonial Secretary.
I entirely concur in the opinion of the Attorney General as to the course to be pursued in this case, and also in that of His Excellency the Governor as to the course which Mr. Ball took upon himself to pursue.
Hongkong, 6th February, 1869.
J. R. BRUNKER,
Major General.
[11]
GOVERNMENT HOUSE,
Macao, 16th March, 1869.
I have been informed of the decision of the Chief Justice of the Supreme Court of Hongkong in the case of Regina v. Saint. In the judgment delivered by him, the Chief Justice, as I am advised, has not only travelled out of the course usually followed by Judges in giving judgment upon a demurrer, but has, while omitting to notice at all many arguments and authorities urged upon his attention on the part of the Crown, proceeded to decide against the Crown upon grounds not in question before, and not properly determinable by him upon a demurrer, such decision being also, even if the question were one which it was competent to him to entertain at this stage, erroneous in Law.
As this judgment has the effect of terminating the whole matter upon a mere formality or question as to the mode of procedure, leaving still pending the very grave accusations made by the Defendant against Senhor Amaral while Minister of Marine and for the Colonies of His Majesty the King of Portugal, the position of the affair is eminently unsatisfactory, and, as I am instructed to carry the matter, if possible, to the highest tribunal in order that the honour of a high official and member of His Majesty's Government may be vindicated from the unfounded assertions cast upon it, I have now to entreat that your Excellency will be pleased, if it meet with the approval of the Attorney General of your Colony, to direct, or permit, the necessary steps to be taken for preferring an appeal to the proper tribunal against the extraordinary judgment pronounced by the Chief Justice in this case.
I have the honour to be, Sir,
Your obedient Servant,
ANTONIO SERGIO DE SOUZA, Governor of Macao.
His Excellency
SIR RICHARD GRAVES MACDONNELL, C.B.,
Governor and Commander-in-Chief of Hongkong,
&c.,
&c.,
&c.
Mr. AUSTIN,
Minute of His Excellency the Governor on the above Letter.
This should be considered in Executive Council.
The Council, however, should first have the advantage of the Attorney General's account of what has been done in Reg. v. Saint since the decision of the Council was communicated to the Crown Solicitor on the 6th of February last.
It might also be desirable that the Attorney General should obtain copy of the judgment, and favor the Council with his opinion as to the justice of the remarks thereon, contained in this communication from the Governor of Macao, and the course which, as Attorney General, he would advise should be adopted.
16th March, 1869.
R. G. M. D.
...
131
[8]
I entirely concur in the course recommended by the Attorney General.
5th February, 1860.
No. 10.
J. G. AUSTIN, Colonial Seerctary.
I entirely concur in the opinion of the Attorney General as to the course to be pursued in this case, and also in that of His Excellency the Governor as to the course which Mr. Ball took upon himself to pursue.
Hongkong, 6th February, 1869.
J. R. BRUNKER,
Major General.
Sm,
[11]
GOVERNMENT HOUSE,
Macao, 16th March, 1869.
I have been informed of the decision of the Chief Justice of the Supreme Court of Hongkong in the case of Regina v. Saint. In the judgment delivered by him, the Chief Justice, as I am advised, has not only travelled out of the course usually followed by Judges in giving judgment upon a demurrer, but has, while omitting to notice at all many arguments and authorities urged upon his attention on the part of the Crown, proceeded to decide against the Crown upon grounds not in question before, and not properly determinable by him upon a demurrer, such decision being also, even if the question were one which it was competent to him to entertain at this stage, erroneous in Law.
As this judgment has the effect of terminating the whole matter upon a mere formality or question as to the mode of procedure, leaving still pending the very grave accusations made by the Defendant against Senhor Amaral while Minister of Marine and for the Colonies of His Majesty the King of Portugal, the position of the affair is eminently unsatisfactory, and, as I am instructed to carry the matter, if possible, to the highest tribunal in order that the honour of a high official and member of His Majesty's Government may be vindicated from the unfounded assertious cast upon it, I have now to entreat that your Excellency will be pleased, if it meet with the approval of the Attorney General of your Colony, to direct, or permit, the necessary steps to be taken for preferring an appeal to the proper tribunal against the extraordinary judgment pronounced by the Chief Justice in this case.
I have the honour to be, Sir,
Your obedient Servant,
ANTONIO SERGIO DE SOUZA, Governor of Macao.
His Excellency
SIR RICHARD GRAVES MACDONNELL, C.B.,
Governor and Commander-in-Chief of Hongkong,
&c.,
fc.,
$c.
Mr. AUSTIN,
Minute of His Excellency the Governor on the above Letter.
This should be considered in Executive Council.
The Council, however, should first have the advantage of the Attorney General's account of what has been done in Reg. v. Saint since the decision of the Council was communicated to the Crown Solicitor on the 6th of February last.
It might also be desirable that the Attorney General should obtain copy of the judgment, and favor the Council with his opinion as to the justice of the remarks thereon, contained in this communication from the Governor of Macao, and the course which, as Attorney General, he would advise should be adopted.
16th March, 1869.
R. G. M. D.
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