CO129-161 - Public Offices - 1872 — Page 496

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

Again

on the same Land

Page 365

he strongly objects to making the prisoner a witness, which Ordinance No 3 of 1872 appears to me to be framed entirely in favor of, which he alone has authority.

In Blackstone, Stephen on his Commentaries, and in Taylor on Evidence, will be found cautions against receiving the statements of prisoners - cautions founded on the impossibility of getting at the motives for self-accusation.

In confession alone is sufficient for conviction of a prisoner; but the Courts state the confession of a prisoner is held insufficient in cases where the corpus delicti is not otherwise proved.

Page 366

It has been proved that confessions are sometimes not reliable. Three men were tried and convicted of the murder of M H, one of the men confessed the murder under a promise of pardon. Afterwards it was found that M H was alive.

Page 367

In some cases, the statement of a well-known person to the case where a strong motive exists for self-exculpation, their statements in their own favor are not receivable.

In Russell on Crimes by Greaves (1865), the text book on the subject, Chap 4 of Book 6, Vol 3, pp 365, 464, I find Mr. Stephen questioning the value of admissions by a prisoner. In England, it is doubtful whether a person charged setting up a defence, the production of a young woman being stated to be the one who had run away, and it was proved that the produced woman was not the one, and the prisoner was afterwards hanged.

There would be great danger of the lowest grade of prisoners being led on by weak and ignorant faults...

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Again on the same Land Page 365 he strongly objects to making the prisoner a witness, which Ordinance No 3 of 1872 appears to me to be framed entirely in favor of, which he alone has authority. In Blackstone, Stephen on his Commentaries, and in Taylor on Evidence, will be found cautions against receiving the statements of prisoners - cautions founded on the impossibility of getting at the motives for self-accusation. In confession alone is sufficient for conviction of a prisoner; but the Courts state the confession of a prisoner is held insufficient in cases where the corpus delicti is not otherwise proved. Page 366 It has been proved that confessions are sometimes not reliable. Three men were tried and convicted of the murder of M H, one of the men confessed the murder under a promise of pardon. Afterwards it was found that M H was alive. Page 367 In some cases, the statement of a well-known person to the case where a strong motive exists for self-exculpation, their statements in their own favor are not receivable. In Russell on Crimes by Greaves (1865), the text book on the subject, Chap 4 of Book 6, Vol 3, pp 365, 464, I find Mr. Stephen questioning the value of admissions by a prisoner. In England, it is doubtful whether a person charged setting up a defence, the production of a young woman being stated to be the one who had run away, and it was proved that the produced woman was not the one, and the prisoner was afterwards hanged. There would be great danger of the lowest grade of prisoners being led on by weak and ignorant faults...
Baseline (Original)
Again un the same Land 1 page he shongly objects to making the puconer Witness which Ordnance by declaring that Aves a me No 3 of 1872 his answer all be cordence" annethall Ordinance N3 of 1892 theupre appears to me to be framed entirely. how to the apinion of Mr Stephen oppoerhow favor of which he alone authority.. Aiv Ad م کر cited In Blackstone tin Stephen on his Commentaries & in Taylor Evrdeine aganet receiving will be found caution's the statements of pusoners against them -Castions founded ded on the impossibility of getting at the motives for self- accusation. Ow Diving а In Confeccion alone is sufficient for $90 the conviction of a pusoner : but the Cunted states the confession of a puconer is held meufficient cases -where the copus delicti is not otherrovie proved die b. p 366. It has been proved that confessions are sometimes not reliable. Three men were trued &convicted of the Murder of M H men confessed the Murder under a One of the Years, afterwards H There the Same pronnie of pardow Mr. It was alive [eb: p 367] is some where I belive section the statement of a well known to the case where a shong motive wich Neur to self exculpation their statements their oww favor are not receivable In Ruflll or bumes by Greaves (18657 the teat book on the subject chap 4 of Book 6 Vol 3 pp 365, 464 I find Mr but I the law should be altino that. do find the tendency of tendency of the notes te be to question the value finsoner of adinsions by kim In England [ib: 1367] it is doubtful whether as agamit A dering person charged his piece set up کیر تو میسج کیا ہے defence the production of a young ad being that stain it was Cooman proved that the produced tooman was not the meie and the prisoner was afterwards the Nice who had run away are returned Lyong and inventing hanged. Et creed weak and ignorant the faults of the weak and + there would be great danger of the lowest grade of prisoners were led on by W
2026-05-20 23:46:52 · Baseline
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Again

un

the

same

Land 1

page

he shongly

objects to making the puconer Witness which Ordnance

by declaring that

Aves

a

me No 3 of 1872 his answer all be cordence"

annethall

Ordinance N3 of 1892 theupre appears to me to be framed entirely.

how to the apinion of Mr Stephen oppoerhow

favor of which he alone

authority..

Aiv

Ad

م کر

cited

In Blackstone tin Stephen on

his Commentaries & in Taylor

Evrdeine

aganet receiving

will be found caution's the statements of pusoners against them -Castions founded

ded on the impossibility

of getting at the motives for self-

accusation.

Ow

Diving

а

In

Confeccion alone is sufficient for $90 the conviction of a pusoner : but the Cunted states the confession of a puconer is held meufficient

cases

-where the copus delicti is not otherrovie proved

die

b.

p

366.

It has been proved that confessions

are sometimes not reliable.

Three men were trued &convicted

of the

Murder

of

M H

men confessed the Murder under a

One of the

Years, afterwards

H

There

the

Same

pronnie of pardow

Mr. It was alive [eb: p 367]

is some where I belive

section the statement of a well

known

to the

case where

a

shong

motive

wich

Neur

to self exculpation their statements

their

oww

favor

are not receivable

In Ruflll or bumes by Greaves (18657 the teat book on the subject chap 4 of Book 6 Vol 3 pp 365, 464 I find

Mr

but

I

the law should be altino that. do find the tendency of

tendency of the notes te be to question the value finsoner of adinsions by kim In England [ib: 1367] it is doubtful whether

as agamit

A

dering

person charged

his piece set up

کیر تو میسج کیا ہے

defence the production of a young

ad

being that stain

it was

Cooman

proved

that the produced tooman was not the meie and the prisoner was afterwards the Nice who had run

away

are

returned

Lyong and inventing

hanged.

Et creed

weak and ignorant the faults of the weak and + there would be great danger of the lowest grade of prisoners were led on by

W

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