CO129-233 - Acting Governor Cameron - 1887 [6-8] — Page 122

to section III

of Ordinance 2

of 1850 according to which the

magistrate is to commit when

there is probable cause

for

believing that the accused has committed the crime. The

of

Privy Council in the case

the Attorney General of Hong Kong

v. Kwok A-sing had to consider the provisions of this Ordinance and the powers and duties

of

the Magistrate under it. The Judges speak of "prima facie" evidence and of the sufficiency of "prima facie evidence to justify the magistrate in committing.

There is no doubt that

"probable cause" and "prima facie

113

facie evidence" are synonymous terms.

By the Treaty of Tientsin, this Government is bound, on certain requirements being complied with, to deliver up criminals who have taken

refuge in

Hong Kong.

The Magistrates cannot require such proof of guilt as would warrant a conviction; it is their duty under the Ordinance above mentioned to commit as soon as a "prima facie" case has been made out, and His Excellency, in calling the attention of Magistrates to the Ordinance

and the case above cited

would suggest that they should

restrict...