CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 368

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

"put before them. A few questions would constantly clear up the whole;" but the prisoner may not be "questioned and his liberty is often "Incrificed to a groundless fear of "invading it. Judges often give honest "hints to prisoners, which if they had been put in the form of a direct "question, might have been invaluable; "but which, as it is, are thrown away "upon ignorance, fear, and stupidity -

I can only repeat that these words have a twofold weight in an English Court dealing with an alien population.

The principle of the Ordinance once admitted, its details are too short and simple to require more than a few words of explanation. Section I enables any Judge presiding, at any Criminal Sessions, or any Magistrate before whom any trial or investigation takes place to interrogate the prisoner "at any time during the progress of such trial or investigation": but by Section II he is bound before entering upon such examination to inform the prisoner that he cannot be compelled to answer...

This provision was intended to obviate the chance of any oppressive or harsh use of the power given by the Ordinance, being resorted to.

Page 18

536

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"put before them. A few questions would constantly clear up the whole;" but the prisoner may not be "questioned and his liberty is often "Incrificed to a groundless fear of "invading it. Judges often give honest "hints to prisoners, which if they had been put in the form of a direct "question, might have been invaluable; "but which, as it is, are thrown away "upon ignorance, fear, and stupidity - I can only repeat that these words have a twofold weight in an English Court dealing with an alien population. The principle of the Ordinance once admitted, its details are too short and simple to require more than a few words of explanation. Section I enables any Judge presiding, at any Criminal Sessions, or any Magistrate before whom any trial or investigation takes place to interrogate the prisoner "at any time during the progress of such trial or investigation": but by Section II he is bound before entering upon such examination to inform the prisoner that he cannot be compelled to answer... This provision was intended to obviate the chance of any oppressive or harsh use of the power given by the Ordinance, being resorted to. Page 18 536
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10. " put before them. A few questions would constantly clear up the whole; " but the prisoner may not be "questioned and his liberty is often "Incrificed to a groundless fear of "invading it. Iudges often give hone " hints to prisoners, which if they had been put in the form of a direct "question, might have been invaluable; as it is, are thrown. "but which, as it is, are away "upon ignorance fear and stupidity - Į can only repeat that there words have a twofold weight in an English Court dealing with alien population. The principle of the Ordinance once admitted it's details are too 18 536 shot and simple b require more than few words of explanation. Section I enables any Andza prosiding, at any Criminal Sessions or any Magistrate before whom trial any investigation takes place to interrogate the prisoner "at any time during the progress of such trist, II or investigation : but by Section he is bound before entering upon such examination to inform the prisoner that he cannot be compelled to answer...- armi's This prisoner prisoner was intended to obviate the chance of any ៣. oppressive. harsh use of the power given by the Ordinance, being resorted
2026-05-20 17:05:41 · Baseline
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10.

" put before them. A few questions

would constantly clear

up

the whole;

" but the prisoner may not be "questioned and his liberty is often "Incrificed to a groundless fear of "invading it. Iudges often give hone " hints to prisoners, which if they had been put in the form of a direct "question, might have been invaluable;

as it is, are thrown.

"but which, as it is, are

away

"upon ignorance fear and stupidity -

Į

can only repeat

that there words

have a twofold weight in an

English Court dealing with alien population.

The principle of the Ordinance

once admitted it's details are too

18

536

shot and simple

b

require more

than

few words of explanation. Section I enables any Andza

prosiding, at any Criminal Sessions or any Magistrate before whom

trial

any

investigation takes place to

interrogate the

prisoner "at

any

time

during the progress of such trist,

II

or investigation : but by Section he is bound before entering upon such examination to inform the

prisoner that he cannot be compelled

to

answer...-

armi's

This prisoner

prisoner was intended to obviate the chance of any

៣.

oppressive.

harsh

use of the power given

by the Ordinance, being resorted

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