CO129-178 - Governor Hennessy - 1877 [6-8] — Page 264

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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63

Confidential Report from the Attorney General.

I have perused these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this Government should interfere as little as possible with the Judicial Department. This has been laid down again and again within my knowledge by the Colonial Office. Magistrates when acting ministerially are subject to the directions of the Government; when they are acting judicially then ought to be almost if not quite independent of the Executive as the Judges of the Supreme Court themselves. An appeal lies from the Magistrate's decision to the Supreme Court and any party feeling himself aggrieved may take such appeal. If a Magistrate knowingly inflicts an improper punishment, he may under certain circumstances, be made to pay damages at the suit of the party aggrieved; or a criminal information may be obtained against him. Ordinarily therefore the Executive might not need to interfere with decisions of the Magistrate when acting judicially. In any case of apparent hardship or upon receiving petition from behalf of any party ...

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63 Confidential Report from the Attorney General. I have perused these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this Government should interfere as little as possible with the Judicial Department. This has been laid down again and again within my knowledge by the Colonial Office. Magistrates when acting ministerially are subject to the directions of the Government; when they are acting judicially then ought to be almost if not quite independent of the Executive as the Judges of the Supreme Court themselves. An appeal lies from the Magistrate's decision to the Supreme Court and any party feeling himself aggrieved may take such appeal. If a Magistrate knowingly inflicts an improper punishment, he may under certain circumstances, be made to pay damages at the suit of the party aggrieved; or a criminal information may be obtained against him. Ordinarily therefore the Executive might not need to interfere with decisions of the Magistrate when acting judicially. In any case of apparent hardship or upon receiving petition from behalf of any party ... 261
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63 Imither Report from the Altamery Guneral. I have permed these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this Lascelling the Envierno, and the Eventive should interfere with the Judicial Department little ان الكريم posible. This has been laid down again within my Kunuledge by the Coolmial Office. Magistrates when asking ministerially are subjed onljed. to the directions of the Government- when they are neling judicially then ought to be almost if not quite independent of the Creventive as the 261 Judges of the Imprema Leans them selus. An appeal lies from the Magistrate's decision to the impreme lount and any party feeling himself take advantage of aggrieved may such appeal. Ila Magistrate Kunningly inflicts in improper funck- The may mont under certain ericum= elainen, be made to pay damageo at the suit of the party aggrieved; or a criminal information may abtained againd him. Ordinarily be therefore the scentive might not to inliefere with decisions of the Magistrate when acting judicially. In any case of appement handship or upon receiving petition from m behalf of any j !
2026-05-21 17:20:31 · Baseline
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63

Imither Report from the Altamery Guneral.

I have permed these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this

Lascelling the Envierno, and the Eventive should interfere with the Judicial Department

little

ان الكريم

posible. This has been laid down

again

within

my

Kunuledge

by the Coolmial Office. Magistrates

when asking ministerially are subjed onljed. to the directions of the Government- when they

are neling judicially then ought to be almost if not quite independent of the Creventive as the

261

Judges of the Imprema Leans them selus. An appeal lies from the Magistrate's decision to the impreme lount and any party feeling himself take advantage of

aggrieved may

such appeal. Ila Magistrate Kunningly inflicts in improper funck-

The may

mont

under certain ericum=

elainen, be made to pay damageo at the suit of the party aggrieved; or a criminal information may abtained againd him. Ordinarily

be

therefore the scentive might not to inliefere with decisions of the Magistrate when acting judicially. In any case of appement handship or upon receiving petition from

m

behalf of any j

!

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