CO129-157 - Sir MacDonnell Acting Governor Sir Kennedy - 1872 [4-5] — Page 612

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

610

a point of law reserved by himself at a recent Criminal Sessions.

prisoner

In the instance referred to

had been indicted and

convicted for stealing umbrellas, the proofs of his guilt sufficiently clear but the learned Judge was not satisfied that there was evidence that the case which the Jury found that the man had stolen actually contained umbrellas, or that adequate proof of the value of the case had been produced - Upon this ground the conviction was quashed and in giving his judgment Mr Ball pointedly called attention to the fact that as part of Stat: 14-15 Vict Cap: 100 had been extended to the Colony, and intimated that had it been so, his judgment would have gone the other way.

In deference to this opinion, and to prevent in the future any such failure of Justice (as I conceive occurred on the occasion referred to), I prepared the present Ordinance. I must however add, that had it not been for Mr Ball's action I should not, having regard to an existing Criminal procedure, have seen any necessity for its introduction.

(Grice Copiez)

Thith.

Wm. Thos. Bridges, Acting Attorney General : May 25th 1875.

Acting Colonial Secretary.

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610 a point of law reserved by himself at a recent Criminal Sessions. prisoner In the instance referred to had been indicted and convicted for stealing umbrellas, the proofs of his guilt sufficiently clear but the learned Judge was not satisfied that there was evidence that the case which the Jury found that the man had stolen actually contained umbrellas, or that adequate proof of the value of the case had been produced - Upon this ground the conviction was quashed and in giving his judgment Mr Ball pointedly called attention to the fact that as part of Stat: 14-15 Vict Cap: 100 had been extended to the Colony, and intimated that had it been so, his judgment would have gone the other way. In deference to this opinion, and to prevent in the future any such failure of Justice (as I conceive occurred on the occasion referred to), I prepared the present Ordinance. I must however add, that had it not been for Mr Ball's action I should not, having regard to an existing Criminal procedure, have seen any necessity for its introduction. (Grice Copiez) Thith. Wm. Thos. Bridges, Acting Attorney General : May 25th 1875. Acting Colonial Secretary.
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610 a point of law reserved by himself at a recout Criminal Sessions. prisoner In the instance referred to had been indicted and a: call of convicted for stealing umbrellas, the proofs of his quilt sufficiently clear but the leamed Eudge that there was no not satis o fied was evidence that the Carl) which the Jury found that the man had stolen actually contained umbrellas, or that adequate proof of the value of the case had been prodused - Upon this ground the conviction was quached and in giving his judgment Mr Ball pointedly called attention to the fact that us part my of Stat : 14-715 Vick Cap : 100 had been extended to the Colony, and intimated AB I understood, that had it been; his judgment would have · gone. the other way. 4- In deference to this opinion. and to prevent in the future any such aa I conceive occurred) failure of Justice on the occasion referred to, & prepared the presents Ordinance. I'muet however add, that had it not been for. Mor Back action Ishould not having regard to an evicting Criminal procedure have sven any necepity for its introduction (Grice Copez) Thith. Wigrid Thomas C. Hayllar, Acting Allerung General : May 25th 1875. Acting Colonial Secretary.
2026-05-20 17:37:45 · Baseline
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610

a point of law reserved by himself at a recout Criminal Sessions.

prisoner

In the instance referred to

had been indicted and

a: call

of

convicted for stealing umbrellas, the proofs of his quilt sufficiently clear but the

leamed Eudge that there

was no

not satis

o fied

was evidence that the

Carl)

which the Jury found that the man had stolen actually contained umbrellas, or that adequate proof of the value of the case had been prodused - Upon this ground the conviction was quached and in giving his judgment Mr Ball pointedly called attention to the fact that us part

my

of Stat :

14-715 Vick Cap : 100 had been extended to the Colony, and intimated

AB

I understood, that had it been;

his judgment would have · gone.

the other

way.

4-

In deference to this opinion. and to prevent in the future any such

aa

I conceive occurred)

failure of Justice

on the occasion referred to, & prepared the presents Ordinance. I'muet however add, that had it not been for. Mor Back action Ishould not having regard to an evicting Criminal procedure have

sven any necepity for its introduction

(Grice Copez)

Thith.

Wigrid Thomas C. Hayllar,

Acting Allerung General : May 25th 1875.

Acting Colonial Secretary.

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