CO129-225 - Acting Governor Marsh - 1886 [1-3] — Page 47

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

His Worship said he would consider the quos- tion of bail, and if he decided to grant it he would lot Mr. Caldwell know during the day. The case would be adjourned until Monday next at 2 o'clock.

Mr. Caldwell-I will now ask your Worship to take the application of my client, an officer of the Chinese Government, for a warrant for the" arrest of the complainant.

His Worship-We have no proof that he is an officer of the Chinese Government.

He says he is. But I should require some proof of that before I can issue a warrant. I believe the usual course for such applications is for them to come from a Viceroy and a Consul, in the way that documents intended for the Hongkong Gov- ernment from the Chinese Government come.

Mr. Caldwell-There is nothing laid down in the Ordinance as to what medium.

His Worship.I have no proof that he is an officer of the Chinese Government; I must be satisfied of that in my own mind.

Mr. Caldwell--I should like to know what proof your Worship requires. I think I am prepared to satisfy you.

His Worship-In what way? Mr. Caldwell-By credentials.

His Worship-I do not know that I can ac- cept them as proof. I am not supposed, as Magistrate, to be aware of the nature of Chinese credentials.

Mr. Caldwell-But what assurance bave we in the meantime that this man may not leave tho colony ?

His Worship-That is not my business. Mr. Caldwell-Will your Worship give me an opportunity of showing you that my client is an officer of the Chinese Government?

His Worship-Yes, but it is useless showing me the credentials. Chinese credentials are, I believe, supposed to have certain stamps to make them valid, and I am not supposed to know which are valid and which are not. They are like showing me a blank paper, as I do not know whether they are proper credentials or not.

Mr. Caldwell-So your Worship would not an- cept any one as an authorised officer of the Chi- nese Government without the assurance of a British Consul?

His Worship-I should say that is the most desirable course.

Mr. Caldwell--If your Worship places me in that position you ought to give me some assur- ance that the man will not escape.

His Worship-I made inquiries about this question soms little time ago, and possibly if the Chinese Government cares to petition the Governor upon the matter, he may give an order for a warrant. If I receive such an order I will issue a warrant.

Mr. Caldwell--Well there is my application before you, and I will ask your Worship whether you will grant it or not.

His Worship-No, I do not propose to grant ! it on the ground that this man is an officer of the Chinese Government.

Mr. Caldwell-Although you have given me no opportunity of putting his credentials before you i

His Worship-You can place them before me if you like; I only say they will be no use, and will fail to satisfy me.

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With regard to the eight men from the Chi- nese gunboat who were before the Police Court on Saturday in connection with the attempted arrest by Chinese of a man in this colony, Mr. Mitchell-Lanes did not, after further considera- tion, see fit to alter his decision of not allowing the prisoners bail, and they are still in custody. The complainant in the case, against whom Mr. Caldwell applied for a warrant of arrest for pira- cy and murder, is now at large, but he makes no attempt to leave at present, and keeps near the Police Station. There is a reward of $1,000 set upon his head, and one attempt has already been made to smuggle him on board the Chinese gun- boat since the hearing on Saturday.

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