CO129-161 - Public Offices - 1872 — Page 499

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

With reference to another case called the Conspiracy Case, I forward herewith the Calendar for November 1871, which shows that there was one failure of Justice but the Community otherwise unanimously congratulated itself that so gigantic a fraud and conspiracy was after 6 days trial proved and punished.

Except in a charge of Murder long since disposed of by an acquittal, I remember no case in which I can declare that I should differ from the Jury. I attribute (next to the sufficiency of the law) this, to me, satisfactory state of the Administration of Criminal Justice in Hong Kong to the great intelligence and painstaking of the Hong Kong Jurors, and to their familiarity with the character and customs and habits of thought of the Chinese and other Witnesses, and also to the fact that in almost every case (until otherwise instructed, I thought it was in every case) the Attorney General officially conducted the prosecution.

This is no light matter in a Court where the presiding Judge has sentenced to capital punishment prisoners who have been hanged, in number greater than one fourth, probably one third, of the 15. The responsibility of the Judge in Hong Kong is so great that I should shrink from expressing myself if I were not certain in my conviction.

I will not question what Mr. Hayllar says as to the untrustworthiness of Indian Witnesses because I have not sufficient experience of them; but after an intimate acquaintance with the Chinese for just 12 Years, I hold that respectable Chinese, like respectable Englishmen, are usually witnesses of truth.

There are indeed low and untrustworthy Chinese, as in any country, in an incalculable degree of difference between an Englishman and a Chinaman, as Mr. Hayllar asserts. It may be that superficially "customs, habits, and modes of life" differ.

Page 493

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With reference to another case called the Conspiracy Case, I forward herewith the Calendar for November 1871, which shows that there was one failure of Justice but the Community otherwise unanimously congratulated itself that so gigantic a fraud and conspiracy was after 6 days trial proved and punished. Except in a charge of Murder long since disposed of by an acquittal, I remember no case in which I can declare that I should differ from the Jury. I attribute (next to the sufficiency of the law) this, to me, satisfactory state of the Administration of Criminal Justice in Hong Kong to the great intelligence and painstaking of the Hong Kong Jurors, and to their familiarity with the character and customs and habits of thought of the Chinese and other Witnesses, and also to the fact that in almost every case (until otherwise instructed, I thought it was in every case) the Attorney General officially conducted the prosecution. This is no light matter in a Court where the presiding Judge has sentenced to capital punishment prisoners who have been hanged, in number greater than one fourth, probably one third, of the 15. The responsibility of the Judge in Hong Kong is so great that I should shrink from expressing myself if I were not certain in my conviction. I will not question what Mr. Hayllar says as to the untrustworthiness of Indian Witnesses because I have not sufficient experience of them; but after an intimate acquaintance with the Chinese for just 12 Years, I hold that respectable Chinese, like respectable Englishmen, are usually witnesses of truth. There are indeed low and untrustworthy Chinese, as in any country, in an incalculable degree of difference between an Englishman and a Chinaman, as Mr. Hayllar asserts. It may be that superficially "customs, habits, and modes of life" differ. Page 493
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W

Lan

avid another called the Conspiracy Case

the Calendar for November 1871 su M♪ Book herewith that there was

Arv

one facline of Justice but the Community otherwise unammously congratulated shelf that so gegantic a fraud and conspray was after 6 days mal proved and punched

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Murder long

charge of

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M

ZZZ

one

acquittal

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Iremember

which I can declare that

I should differ from the Jury I attribute ( next to the sufficiency of the law) this, to me, satisfactory state of the Administration of Criminal Ber in Sting tong to the great intellige and pametaking the Hong long Juris

remabhatte and to their familianty with the character of the and customs and balit

of thought of the Chinese

and other Witresses and also to

: the fact that in almost

his duty

every case (until otherwise instructed I thought it was in every case / the

Attorney General officially conducto

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10

the

the proscention

This is no

493

Court

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one third

of the 15

the Judge in Hong.

Judges of England have sentenced

The responsibility of

Rong is

10 great.

reat that I should, shrink

Iwere

from so cxpressing) myself of

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my

conviction

I will not question what to Hayllar says as to the contructworthinee's Indian Witnesses because Shave not

sufficient experience of them; but

an intimate

acquan

after

nanntance with the Chinese for just 12 Years Shold the

respectable chinese like respectable Englishmen to be usually the Witnessed of truth fellows "Country most untrustworthy ; but I do not admit.

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China

as in

any

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degree" of differeme between a

Englishman

and an

asserts

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may

Chinamin

as Mr Hayllar be that superficially

" customs habits and modes of life and

thor: ght

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