CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 363

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

in which we find ourselves. The hands of the Police are tied and their utility often impaired by

the necessary however well fitted to the place which

adherence of our Courts to rules, which

gave

their birth have little practical value here. Their result

often is that cases

of importance fall through where

had a little more discretion been placed in the

hands of the judge, convictions must have been

inevitable.

9. Under these circumstances I regard present Ordinance as decidedly a step in the right direction and the power it entrusts to judicial officers will I think if exercised with discretion be found entirely beneficial. I have accordingly no hesitation in recommending it for the sanction of

Her Majesty.

I have the honor to be

My hand

Your most obedient Servant

James Gardonell

Governor

(Copy)

531

Report of the Acting Attorney General

upon Ordinance No. 3 of 1872 entitled

14

"An Ordinance enacted by the

Governor of Hongkong with the Advice of the Legislative Council

thereof, to provide for the Oral Examination of Prisoners."

This Ordinance was passed to supply

a very prominent defect in English Criminal Procedure then applied to Chinese offenders. Seeing as our Courts of Law mainly do here, with Witnesses and Prisoners, whose customs habits and modes of life and thought differ in an inexplicable degree

from our own, it is almost needless to say that the administration...

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in which we find ourselves. The hands of the Police are tied and their utility often impaired by the necessary however well fitted to the place which adherence of our Courts to rules, which gave their birth have little practical value here. Their result often is that cases of importance fall through where had a little more discretion been placed in the hands of the judge, convictions must have been inevitable. 9. Under these circumstances I regard present Ordinance as decidedly a step in the right direction and the power it entrusts to judicial officers will I think if exercised with discretion be found entirely beneficial. I have accordingly no hesitation in recommending it for the sanction of Her Majesty. I have the honor to be My hand Your most obedient Servant James Gardonell Governor (Copy) 531 Report of the Acting Attorney General upon Ordinance No. 3 of 1872 entitled 14 "An Ordinance enacted by the Governor of Hongkong with the Advice of the Legislative Council thereof, to provide for the Oral Examination of Prisoners." This Ordinance was passed to supply a very prominent defect in English Criminal Procedure then applied to Chinese offenders. Seeing as our Courts of Law mainly do here, with Witnesses and Prisoners, whose customs habits and modes of life and thought differ in an inexplicable degree from our own, it is almost needless to say that the administration...
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in which we find ourselves. The hands of thie Poliec are tied and their utility often impaired by the ne necessary however well fitted to the place which adherence of our Courts to rules, which gave thei birth have little practical value here- Their result - often is that cases of importance fall through where had a little mini discretion been placed in the hands of the judge, convictions must have been - inevitable- the 9. Under these circumstances I regard present Ordinance as decidedly a step in the right direction and the power it entrusts to judicial officers will I think if exercised with discretion be found entirely beneficial. I have accordingly beaitation in recommending it for the sauction of Her Majesty. no I have the honor to be My hand Lestheses. thomable Your most obedient Servant Revved han Graves Mardonnell Sovernor (Copy) 531 Report of the Acting Attorney General upon Rdinance N3 of 1872 entitlede! 14 "An Rdinance enacted by the Goemon of bonghong with this "Advice of the Legislative Connoil " thereof, to provide for the Oral "Examination of Prisoners." This Adinance was passed to supply A very prominent defect in Auglish Criminal Proecame then applied to Chinese offenders. Sealing as our Courts of Law mainly do here, with Witnesses and Prisoners, whose customs habits and modes of life and thought differ in an inexleulable deprec from to say our own, it is almost needless that the administration.
2026-05-20 17:05:18 · Baseline
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in which we find ourselves. The hands of thie Poliec are tied and their utility often impaired by

the ne

necessary however well fitted to the place which

adherence of our Courts to rules, which

gave

thei

birth have little practical value here- Their result -

often is that cases

of importance fall through where

had a little mini discretion been placed in the

hands of the judge, convictions must have been -

inevitable-

the

9. Under these circumstances I regard present Ordinance as decidedly a step in the right direction and the power it entrusts to judicial officers will I think if exercised with discretion be found entirely beneficial. I have accordingly beaitation in recommending it for the sauction of

Her Majesty.

no

I have the honor to be

My hand

Lestheses.

thomable

Your most obedient Servant

Revved han

Graves Mardonnell

Sovernor

(Copy)

531

Report of the Acting Attorney General

upon Rdinance N3 of 1872 entitlede!

14

"An Rdinance enacted by the

Goemon of bonghong with this "Advice of the Legislative Connoil

" thereof, to provide for the Oral "Examination of Prisoners."

This Adinance was passed to supply

A

very prominent defect in Auglish Criminal Proecame then applied to Chinese offenders. Sealing as our Courts of Law mainly do here, with Witnesses and Prisoners, whose customs habits and modes of life and thought differ in an inexleulable deprec

from

to

say

our own, it is almost needless that the administration.

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