CO129-227 - Acting Governor Marsh - 1886 [6] — Page 68

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

66

"Tup: deal with it under Sec. 16 of Ordinance

#

dismissal or

(D.) Prosecute him before the

the offence

"Govt steg."

The answer to that was:-

Compelect Court for

#

"That he would not sit as a

Magistrate and try

the accused for the "Common Law or Statutable Offence but "that it was his duty to inquire into

"the case and

punish the accused if

"need be, for what would be gross misconduct

"in a member of the Police Force."

He is directed to inquire into the

and punish if need be!

That

is in

he would either

(A.) dismiss the case in which if the matter complained of

was an

offence at law, the complainant

would still have his recourse at law if he thought it advisable or

(B.) he could cause him to be punished under the provisions of Sect. 15 of Ordinance 9 of 1852 or

(C.) Deal with him under Sec. 16, or report him to the Governor for

disposal

offence or crime.

I maintain that there is

nothing incompatible with

in giving

any

law

these directions to the Captain

Superintendent of Police.

Cases of Larceny, extortion or Bribery might easily arise in which on

account of the reluctance of parties

to

forward as witnesses complining in the offence or for many

other reasons it would be difficult or impossible to obtain a conviction and yet the Capt. Supt. be perfectly satisfied of the guilt of the accused. It is manifestly the duty of the Capt. Supt. to deal with these cases by dismissal from the force

or otherwise and it

cannot be seriously contended that the power to do so has been taken from the head of the Force because the law has provided other punishments for

these

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66 "Tup: deal with it under Sec. 16 of Ordinance # dismissal or (D.) Prosecute him before the the offence "Govt steg." The answer to that was:- Compelect Court for # "That he would not sit as a Magistrate and try the accused for the "Common Law or Statutable Offence but "that it was his duty to inquire into "the case and punish the accused if "need be, for what would be gross misconduct "in a member of the Police Force." He is directed to inquire into the and punish if need be! That is in he would either (A.) dismiss the case in which if the matter complained of was an offence at law, the complainant would still have his recourse at law if he thought it advisable or (B.) he could cause him to be punished under the provisions of Sect. 15 of Ordinance 9 of 1852 or (C.) Deal with him under Sec. 16, or report him to the Governor for disposal offence or crime. I maintain that there is nothing incompatible with in giving any law these directions to the Captain Superintendent of Police. Cases of Larceny, extortion or Bribery might easily arise in which on account of the reluctance of parties to forward as witnesses complining in the offence or for many other reasons it would be difficult or impossible to obtain a conviction and yet the Capt. Supt. be perfectly satisfied of the guilt of the accused. It is manifestly the duty of the Capt. Supt. to deal with these cases by dismissal from the force or otherwise and it cannot be seriously contended that the power to do so has been taken from the head of the Force because the law has provided other punishments for these
Baseline (Original)
7. 66 " Tup: deal with it under Sec. 16 of Ordinance # dismissal or (D.) Prosecute him before the. the offence "Goft steg." The answer to that was: -_ Compelect Court for # "That he would not sit as a Magistrate and try the accu ccused for the "Commor Law or Statutable Offence but "theit it was his duty to inquire into " the case aud punish the accused if "need be, for what would be gross unsconduct " in a member of the Police Force." He is directed to inquire into the and punish if need be! That is in he would either car dealing with the care (A.) dismiss the case in which if the matter complained of Was Av offence at law, the complainant would still have his recourse at low if he thought it advisable or (B.) he could cause him to be pruished under the provisions oflect. 15 of Ordinarure 9 of 1852 or (C.) Deal with him under Sec. 16, or report him to the Governor for diquiosal offence or crive. I maintain that there is nothing incompatible with in giring any law these directions to the Captain Superintendent of Police. Cases of Larceny, extortion or ___ Bribery might easily arice in which account of the reluctance of parties their on to ор forward as witresses complinity in the offence or for many other reasons it would be difficult or impossible to obtain a conviction and yet the Capti" Supt be perfectly satisfied of the guilt of the accused . It is manifestly the duty of the Capt - Sup! to deal with these cases by diemissal from the force or otherwise _ and it cannot be seriously contended that the power to do so has been taken from the head of the Force because the law has provided other penishments for these
2026-05-24 21:28:07 · Baseline
View content

7.

66

" Tup: deal with it under Sec. 16 of Ordinance

#

dismissal or

(D.) Prosecute him before the.

the offence

"Goft steg."

The answer to that was: -_

Compelect Court for

#

"That he would not sit as a

Magistrate and try

the accu

ccused for the "Commor Law or Statutable Offence but "theit it was his duty to inquire into

" the

case aud

punish the accused if

"need be, for what would be gross unsconduct

" in a member of the Police Force."

He is directed to inquire into the

and punish if need be!

That

is in

he would either

car

dealing

with the

care

(A.) dismiss the case in which if the matter complained of

Was Av

offence at law, the complainant

would still have his recourse at low if he thought it advisable or

(B.) he could cause him to be pruished under the provisions oflect. 15 of Ordinarure 9 of 1852 or

(C.) Deal with him under Sec. 16, or report him to the Governor for

diquiosal

offence or crive.

I maintain that there is

nothing incompatible with

in giring

any

law

these directions to the Captain

Superintendent of Police.

Cases of Larceny, extortion or ___ Bribery might easily arice in which account of the reluctance of parties

their

on

to

ор

forward as witresses complinity in the offence or for many

other reasons it would be difficult or impossible to obtain a conviction and yet the Capti" Supt be perfectly satisfied of the guilt of the accused . It is manifestly the duty of the Capt - Sup! to deal with these cases by diemissal from the force

or otherwise _ and it

cannot be seriously contended that the power to do so has been taken from the head of the Force because the law has provided other penishments for

these

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