CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 366

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

$34

"a peculiarity, and also shows such an obvious neglect of the most natural and important way of obtaining information, that it requires some strong justification before it can be considered as anything else than a defect. It is remarkable that this omission, which is one of the most characteristic peculiarities of the English system of procedure, owes its origin to nothing else than recent practice. It rests upon no express authority, and no general principle recently laid down," he remarks.

The practice of the Courts, up to the time of the Revolution of 1688, and for some little time after, was that the prisoner should be questioned at his trial; and till the year 1840, the Committing Magistrate were bound by statute to take his examination—a word which materially suggests questioning and was held to justify it.

At the risk of unduly lengthening this Report, I cannot refrain from quoting the following pertinent observations from the same learned writer, premising that the remarks have a peculiarly forcible bearing on the case of Chinese prisoners, who, through stupidity and entire ignorance of our forms of law,

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$34 "a peculiarity, and also shows such an obvious neglect of the most natural and important way of obtaining information, that it requires some strong justification before it can be considered as anything else than a defect. It is remarkable that this omission, which is one of the most characteristic peculiarities of the English system of procedure, owes its origin to nothing else than recent practice. It rests upon no express authority, and no general principle recently laid down," he remarks. The practice of the Courts, up to the time of the Revolution of 1688, and for some little time after, was that the prisoner should be questioned at his trial; and till the year 1840, the Committing Magistrate were bound by statute to take his examination—a word which materially suggests questioning and was held to justify it. At the risk of unduly lengthening this Report, I cannot refrain from quoting the following pertinent observations from the same learned writer, premising that the remarks have a peculiarly forcible bearing on the case of Chinese prisoners, who, through stupidity and entire ignorance of our forms of law,

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6. 7: $34 " a peculiarity, and also shows such "an obvious neglect of the most "natural and important way of "öblaining information, that it "requires some strong justification "before it can be considered as anything else than a defect. It "is remarkable that this oncision, which is one of the most characteristic "pecularities of the Englisch system "of procedure owes its origin to nothing * " else than recent practice It rests "upor no express authority, and no "general principle recently laid again Jr. remarks. The practice of the Courts, up to the time of the Revolution of "down" and ab 192 be >> "1688, and for some little time after, " was that the prisoner should be 14 "questioned at his trial; and till the " year 1840, the Committing Magistrate ་་ " were bound by statute to take his "examination a word which matterally "suggests questioning and was "held to justify it." At the risk of unduly justicially lengthening this Report I cannot refrain from quoting the following pertinent observations from the same learned writer, premising that the remarks have remarks have a peculiarly forcible bearing on the case of Chinese prisoners, who to stupidity and entire ignorance of our forms of law

2026-05-20 17:05:31 · Baseline

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$34

" a

peculiarity, and also shows such "an obvious neglect of the most

"natural and important way of "öblaining information, that it "requires some strong justification "before it can be considered as

anything else than

defect. It

"is remarkable that this oncision,

which is one

of the most characteristic

"pecularities of the Englisch system

"of procedure

owes its origin to nothing * " else than recent practice It rests

"upor no express authority, and no

"general principle recently laid

again

Jr.

remarks. The practice of the Courts, up to the time of the Revolution of

"down" and

192

"1688, and for

some little time after,

" was that the prisoner should be

"questioned at his trial; and till the

" year 1840, the Committing Magistrate

་་

" were bound by statute to take his "examination a word which matterally

"suggests questioning and was "held to justify it."

At the risk of unduly

justicially

lengthening this Report I cannot refrain from quoting the following pertinent observations from the same learned writer, premising that the remarks have

remarks have a peculiarly

forcible bearing

the case of Chinese

prisoners, who to stupidity and

entire ignorance of our

forms of law

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