CO129-158 - Sir Kennedy - 1872 [6-8] — Page 426

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

414

a

have

than

VI VOND

CVCI

known the

whole jury to consist of foreigners, Portuguese,

Germans and so forth. In ordinary unimportant trials such juries generally contrive to catch the meaning of the Judge and to be guided by him, and little practical harm results — they being guided by Judge and Jury only.

But now and

again,

in

cases

arise here or elsewhere, when it

is absolutely

absolutely essential to the ends of Justice that the Crown or the Prisoner should have the privilege of resort to a more intelligent and independent tribunal, and

this can only be secured here by an enactment similar to the Ordinance under discussion.

To keep up at the present day,

and especially at this distance from home,

the artificial and arbitrary distinction between misdemeanours

and felonies has always seemed

to me

an excess of pedantry in

any case; but to enforce it, done by Section XVII of Ordinance No 18 of 1864, to the exclusion of Special Juries

in the trial of

felonies seems to me

indeed absurd,

It is in cases

of life and

death that Special Juries

are in

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414 a have than VI VOND CVCI known the whole jury to consist of foreigners, Portuguese, Germans and so forth. In ordinary unimportant trials such juries generally contrive to catch the meaning of the Judge and to be guided by him, and little practical harm results they being guided by Judge and Jury only. But now and again, in cases arise here or elsewhere, when it is absolutely absolutely essential to the ends of Justice that the Crown or the Prisoner should have the privilege of resort to a more intelligent and independent tribunal, and this can only be secured here by an enactment similar to the Ordinance under discussion. To keep up at the present day, and especially at this distance from home, the artificial and arbitrary distinction between misdemeanours and felonies has always seemed to me an excess of pedantry in any case; but to enforce it, done by Section XVII of Ordinance No 18 of 1864, to the exclusion of Special Juries in the trial of felonies seems to me indeed absurd, It is in cases of life and death that Special Juries are in
Baseline (Original)
414 a hove than VIVOND CVCI known the whole jury to consist of foreigners Pantoguese, Germans and so forth. In ordinary unimportant trials suck furies generally contrive to catch the meaning of the Judge and to be guided by him, and little pructionl harm results _ they biols by Judge and Jury only But now and again', in Pases arise here or elsew here, when it is aboclutitig boolutely essential to the ends of Justice that the brown or the Prisoner should have the privilege of resent to a more intelligent and independent tribunal, and this can on only be secured here by an enactment similar to the Ordinance under disenssion To keep up at the present day and especially at this distance & from home the artificial and, art rate hire, absolutely meaningles any distinction between misdemeanours and felonies has always seemed to me etwv excess of pedantry in asis avval any case ; but to enforce it; done by Section XVII of Ordin No 18 of 1864 to the exclusion of Special Juries in the trial of me felonies seems to Indeed it is in cases absurd, of life and death that Special Juries are in
2026-05-20 18:50:05 · Baseline
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414

a

hove

than

VIVOND

CVCI

known the

whole jury to consist of foreigners Pantoguese,

Germans and so forth. In ordinary unimportant trials suck furies generally contrive to catch the meaning of the Judge and to be guided by him, and little pructionl harm results _ they biols by Judge and Jury only

But now and

again',

in

Pases

arise here or elsew here, when it

is aboclutitig

boolutely essential to the ends of Justice that the brown or the Prisoner should have the privilege of resent to a more intelligent and independent tribunal, and

this can on

only be secured here by an enactment similar to the Ordinance under disenssion

To keep up at the present day

and especially at this distance & from home the artificial and, art

rate hire, absolutely meaningles

any distinction between misdemeanours

and felonies has always seemed

to

me etwv

excess of pedantry in

asis

avval

any case ; but to enforce it; done by Section XVII of Ordin No 18 of 1864 to the exclusion of Special Juries

in the trial of

me

felonies seems to Indeed it is in cases

absurd,

of life and

death that Special Juries

are in

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