CO129-216 - Governor Sir Bowen - 1884 [5-6] — Page 135

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

lespatch.

4.

The final decision of the Executive Council may be briefly stated as follows:-

(a) The Attorney-General considers that since the rebutting evidence and other circumstances have been considered, there is hardly even such a probable proof of guilt against the prisoners as would in England justify their committal for trial.

(b) On the other hand General Sargent considers that there is ample proof of their guilt.

(c) The judgment of myself and of the majority of the Council (four out of six) may best be described as equivalent to a verdict of "Not Proven" in a Scotch Court of Justice. We concur with the Magistrates who tried the case, saw the demeanour of the accused and of the witnesses, that there is a prima facie case against the prisoners; but we fail to see (in Your Lordship's phrase) "Proof of

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lespatch. 4. The final decision of the Executive Council may be briefly stated as follows:- (a) The Attorney-General considers that since the rebutting evidence and other circumstances have been considered, there is hardly even such a probable proof of guilt against the prisoners as would in England justify their committal for trial. (b) On the other hand General Sargent considers that there is ample proof of their guilt. (c) The judgment of myself and of the majority of the Council (four out of six) may best be described as equivalent to a verdict of "Not Proven" in a Scotch Court of Justice. We concur with the Magistrates who tried the case, saw the demeanour of the accused and of the witnesses, that there is a prima facie case against the prisoners; but we fail to see (in Your Lordship's phrase) "Proof of
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16 lespatch. 4. The final devision of the Executive Council may be briefly stated as follows:- i (a) The Attorney-General considers. that since the rebutting evidence- and other circumstances have been considered, there is hardly even such a probable proof of quilt against the prisoners as would in England justify -- their committal for trial. (b.) On the other hand General ~ Sargent considers that there هار 1347 is ample proof of their gurlt. (e.) The judgment of myself and of the majarity of the Council (four out of six) may + best be. described as equivalent to a verdict of "Not Proven" in a Scotch Court of Justice. We concur with the Magistrates who tried the case, xsaw the m demeanour of the accused and of the witnesses, that there is a firimia facie ease against the prisoners; but we fail to see (in Your Lordship's phrase) "Proof of
2026-05-24 13:42:58 · Baseline
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16

lespatch.

4.

The final devision of the Executive Council may be briefly

stated as follows:-

i

(a) The Attorney-General considers.

that since the rebutting evidence- and other circumstances have

been considered, there is hardly even such a probable proof of quilt against the prisoners as would in England justify -- their committal for trial. (b.) On the other hand General ~

Sargent considers that there

هار

1347

is ample proof of their gurlt.

(e.) The judgment of myself and of the majarity of the Council (four out of six) may

+

best be.

described as equivalent to a

verdict of "Not Proven" in a

Scotch Court of Justice. We

concur with the Magistrates

who tried the

case, xsaw the m

demeanour of the accused and

of the witnesses, that there is a

firimia facie

ease

against the

prisoners; but we fail to see (in Your Lordship's phrase) "Proof

of

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