CO129-143 - Sir MacDonnell - 1870 [1-2] — Page 131

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

I was guilty of a dereliction of my duty as Attorney General in not conducting, in person, this Prosecution, adding that it was a

Crown Prosecution, that there could not be a Private Prosecution in this Colony, and that he could only look upon the Counsel who appeared for the prosecution as appearing on behalf of the Attorney General whose duty it was to appear personally in Court and to "assist" the Chief Justice.

I forbear to refrain from making any allusion in Court to this matter for reasons, which His Excellency the Governor will no doubt understand and appreciate; but I

think His Excellency will hardly think that I betray too much sensitiveness in expressing the annoyance I feel at these unaccountable attempts on the part of the Chief Justice to injure my character as a Public Officer by these unfounded attacks to which his judicial Position is calculated to give considerable weight in the eyes of many persons. In the case of Regina v. Songa I took the legitimate course of laying the matter before His Excellency the Governor and the question raised as to my Public Duties was decided by the Secretary...

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I was guilty of a dereliction of my duty as Attorney General in not conducting, in person, this Prosecution, adding that it was a Crown Prosecution, that there could not be a Private Prosecution in this Colony, and that he could only look upon the Counsel who appeared for the prosecution as appearing on behalf of the Attorney General whose duty it was to appear personally in Court and to "assist" the Chief Justice. I forbear to refrain from making any allusion in Court to this matter for reasons, which His Excellency the Governor will no doubt understand and appreciate; but I think His Excellency will hardly think that I betray too much sensitiveness in expressing the annoyance I feel at these unaccountable attempts on the part of the Chief Justice to injure my character as a Public Officer by these unfounded attacks to which his judicial Position is calculated to give considerable weight in the eyes of many persons. In the case of Regina v. Songa I took the legitimate course of laying the matter before His Excellency the Governor and the question raised as to my Public Duties was decided by the Secretary...

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8. I was quilly of a dereliction of my duly as Attorney General in not conducting, in person this Prosecution adding that it was a Crown Prosecution, that there could not be a Private Proscention in this Colony, and that he could only look upon the Counsel who appeared for the proscention as appearing on behalf of the Altorney General whose duty it was to appear personally in Court and to "assist" the Chief Justice. 14. I forfosely refrain from making any allusion in Court to this matter for reasons, which His Excellency the Governor will no doubt understand and appreciate; but I 130 9. think His Excellency will hardly think that I betray too mich sensitivenes in exprefsing the annoyance I feel at there unaccountable attempts on the part of the Chief Iustice to injure my as a character Public Officer by these minds 15. LA unfounded attack to which his judicial Position is calculated to give considerable weight in the of many persons. In the case of Regina Songa I took the legitimate of laying the matter before Sis Excellency the Governor and the question raised as to my Public Duties was decided by the Secreting course

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I was quilly of a dereliction of my duly as Attorney General in not conducting, in person this Prosecution adding that it was a

Crown

Prosecution, that there could not be a Private Proscention in this Colony, and that he could only look upon the Counsel who appeared for the proscention as appearing on behalf of the Altorney General whose duty it was to appear personally in Court and to "assist" the Chief Justice.

14.

I forfosely refrain from

making any

allusion in Court to this matter for reasons, which His Excellency the Governor will no doubt understand and appreciate; but I

130

think His Excellency will hardly think that I betray too mich sensitivenes in exprefsing the

annoyance I feel at there unaccountable attempts on the part of the Chief Iustice to injure my

as a

character

Public Officer by these

minds

15.

unfounded attack to which his judicial Position is calculated to give considerable weight in the of many persons. In the case of Regina Songa I took the legitimate of laying the matter before Sis Excellency the Governor and the question raised as to my

CO129-143 - Sir MacDonnell - 1870 [1-2] — Page 131

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Private Research Note