CO129-177 - Sir Kennedy Acting Governor Austin Lieut Governor Hennessy - 1877 [1-5] — Page 372

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

at Howloong in British territory on the mainland crossed the boundary into Chinese territory and are

1 and are charged with having committed lawless

acts of violence against certain Chinese residing

in their own villages.

In this case the party charged

was committed for trial before the Supreme Court of Hongkong but upon reading the Depositions and finding that the place where the alleged offence was committed was in China and not within the Colony of Hongkong, I had great doubts as to whether the Supreme Court of Hongkong had jurisdiction in the matter.

370

My attention was directed to the 7th Section of the Mutiny Act 1876 as giving jurisdiction for the trial of offences committed by soldiers out of Her Majesty's dominions, but I considered that section to apply exclusively to trials by Court Martial.

Ultimately it was arranged upon my suggestion that, in order to avoid a possible failure of Justice, the Military Authorities should deal with the cases under The Mutiny Act and The Articles of War.

The questions which, as it seems to me, might be submitted for the consideration of

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! at Howloong in British territory on the mainland crossed the boundary into Chinese territory and are 1 and are charged with having committed lawless acts of violence against certain Chinese residing in their own villages. In this case the party charged was committed for trial before the Supreme Court of Hongkong but upon reading the Depositions and finding that the place where the alleged offence was committed was in China and not within the Colony of Hongkong, I had great doubts as to whether the Supreme Court of Hongkong had jurisdiction in the matter. 370 My attention was directed to the 7th Section of the Mutiny Act 1876 as giving jurisdiction for the trial of offences committed by soldiers out of Her Majesty's dominions, but I considered that section to apply exclusively to trials by Court Martial. Ultimately it was arranged upon my suggestion that, in order to avoid a possible failure of Justice, the Military Authorities should deal with the cases under The Mutiny Act and The Articles of War. The questions which, as it seems to me, might be submitted for the consideration of 42

Baseline (Original)

! at Howloong in British territory on the mainland crossed the boundary- into Chinese territory and are 1 and are charged with having committed lawless acts of chinese residing violence against certain in their own villages. In this ease the party charged was committed for Trial before the Supreme Court of Hongkong but _ upon reading the Depositions and finding that the place where the alleged to have been offence was committed was in China and not within the leolony of Houghong I had great doubts as to whether the Supreme Court of Hongkong jurisdiction in the matten. had 370 My attention was directed to the 7th Section of the Mutiny act 1876 as giving jurisdiction for the trial of offences committed by soldiers out of Her Majesty's dominiens but I considered that section to apply exclusively to trials by _ Court Martial. Ultimately it AVAD arranged upon my suggestion that in order to avoid a possible failure of Justice the Military Authorities should deal with the eases under The Mutiny Act and The Artieles of War. The questions to me which might as it seems be submitted for the consideration of 42

2026-05-21 16:15:08 · Baseline

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at Howloong in British territory on the mainland crossed the boundary- into Chinese territory and are

1 and are charged with having committed lawless

acts of chinese residing

violence against certain

in their own

villages.

In this ease the party charged

was committed for Trial before the Supreme Court of Hongkong but _ upon reading the Depositions and finding that the place where the alleged to have been

offence

was

committed was in China and

not within the leolony of Houghong I had great doubts as to whether the Supreme Court of Hongkong jurisdiction in the matten.

had

370

My attention was directed to the 7th Section of the Mutiny act 1876 as giving jurisdiction for the trial of offences committed by

soldiers out of Her Majesty's dominiens but I considered that section to

apply exclusively to trials by _

Court Martial.

Ultimately it

AVAD

arranged

upon my suggestion that in order to avoid a possible failure of Justice the Military

Authorities should

deal with the eases under The

Mutiny Act and The Artieles of War.

The questions

me which might

as it seems

be submitted

for the consideration of 42

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