CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 432

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

430

But to return to the matter which forms the especial subject of this Report. The opinion expressed by me upon the propriety of introducing a Bill for the Oral Examination of Prisoners did not meet with the approval of Sir Richard MacDonnell, and a Bill prepared with that object was submitted to the Council.

Prior to the second reading of such Bill, I was requested by His Excellency to furnish him with any suggestions which might occur to me so as to render it more efficient, and to this duty I applied myself. One or more of my suggestions were adopted, but the residue were negatived in Council.

I annex a Copy of the Ordinance with the effect of my suggestions embodied. Those negatived, it will be seen, practically amount to the following:

1. That the Examination should be confined to those cases when, on the trial of a prisoner, the presiding Judge should think that one or more questions discreetly put to a prisoner might tend to elicit the truth and clear up any doubt which might exist upon any portions...

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430 But to return to the matter which forms the especial subject of this Report. The opinion expressed by me upon the propriety of introducing a Bill for the Oral Examination of Prisoners did not meet with the approval of Sir Richard MacDonnell, and a Bill prepared with that object was submitted to the Council. Prior to the second reading of such Bill, I was requested by His Excellency to furnish him with any suggestions which might occur to me so as to render it more efficient, and to this duty I applied myself. One or more of my suggestions were adopted, but the residue were negatived in Council. I annex a Copy of the Ordinance with the effect of my suggestions embodied. Those negatived, it will be seen, practically amount to the following: 1. That the Examination should be confined to those cases when, on the trial of a prisoner, the presiding Judge should think that one or more questions discreetly put to a prisoner might tend to elicit the truth and clear up any doubt which might exist upon any portions...

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430 But to return to the mother which forms the Especial Subjist of this Report . The opinion expressed by me upon the propriety of introducing. a Bill for the Oracl Cxamination of Prisaners did not approval of Siv meet with the Richard MacDonnell, and a Bill prepared with that object рима and submitted to the Council. was Prior to the second reading of such Bill I we requested by HC is Excellency to furnish him with any suggestions which might occur to me so as to render it more. -efficient and to this duty. I applied myself. One or more of my suggestions avere but the residue were in Counail adopted negatived Tanner a Copy of the Ordinaux with the effect of my suggestions embodied. Those negatived, it will be seen, practically uman to the following: ount 1. That the Examination should be confined to those cases when on the trial of a prisoner the presiding Judge should think. that one or more questions prisoner discretly put to a might tend to elicit the brith and clear up any doubt which might exist upon any portions

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430

But to return to the mother which forms the Especial Subjist of this Report . The opinion expressed by me upon the propriety of introducing. a Bill for the Oracl Cxamination of Prisaners did not

approval of Siv

meet with the

Richard MacDonnell, and a Bill

prepared with that object

рима

and submitted to the Council.

was

Prior to the second reading of such Bill I we

requested by HC is Excellency to furnish him with any suggestions which might

occur to me so as to render it

more.

-efficient and to this duty.

I applied myself. One or more

of my suggestions

avere

but the residue were

in Counail

adopted negatived

Tanner a Copy of the Ordinaux

with the effect of my suggestions embodied. Those negatived, it will be seen, practically uman to the following:

ount

1. That the Examination should be confined to those cases when on the trial of a prisoner the presiding Judge should think.

that one or more

questions

prisoner

discretly put to a

might tend to elicit the brith and clear up any

doubt which

might exist upon any portions

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