CO129-233 - Acting Governor Cameron - 1887 [6-8] — Page 130

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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stated that in the event of perjury being proved against the witness Leung You, he would consider that it vitiated the whole of the evidence against the prisoners, in so far as the establishment of a prima facie case is concerned; and that he would at once discharge the prisoners.

I submit that the Magistrate acted irregularly, and contrary to all practice, postponing the rendition case until the trial of the witness Leung You for perjury.

The magistrate must decide on the evidence as given before him, and nothing else. Whether a witness is Convicted of perjury or not cannot bind, and should not influence the Magistrate's decision in any way.

The case for the prosecution in the perjury trial might break down for many reasons, and yet the man may be guilty. Will the magistrate allow himself to be guided by a verdict which may be given on technical grounds alone?

The Judges of Superior Courts have animadverted in strong terms against this. It is very irregular, has no custom or decision to support it, and it is clearly against the ordinary and well-established rules that the magistrate must decide based on the evidence before him.

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stated that in the event of perjury being proved against the witness Leung You, he would consider that it vitiated the whole of the evidence against the prisoners, in so far as the establishment of a prima facie case is concerned; and that he would at once discharge the prisoners. I submit that the Magistrate acted irregularly, and contrary to all practice, postponing the rendition case until the trial of the witness Leung You for perjury. The magistrate must decide on the evidence as given before him, and nothing else. Whether a witness is Convicted of perjury or not cannot bind, and should not influence the Magistrate's decision in any way. The case for the prosecution in the perjury trial might break down for many reasons, and yet the man may be guilty. Will the magistrate allow himself to be guided by a verdict which may be given on technical grounds alone? The Judges of Superior Courts have animadverted in strong terms against this. It is very irregular, has no custom or decision to support it, and it is clearly against the ordinary and well-established rules that the magistrate must decide based on the evidence before him.
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20. 21. stated that in the event of perjury being proved against the witness Leung you, he would consider that it vitiated the whole of the evidence against the prisoness, in establishment far as the of a prima facie case is concerned; and that he would at once the prisoners. discharge I submit that the in Magistrate acted irregularly. and contrary to all practice. postponing the rendition case until the trial of the witness Leung You for perjury. The magistrate must decide on the evidence as given before him, and nothing else i witness is Convreted whether Convicted of perjury 126 of not cannot bind, and should not ! influence the Magistrates in any way. decision in The case for the prosecution in the perjury trial might break down for many reasons, and yet the man be guilty. Will the magistrate allow himself to be guided by may be given grounds alone? a verdiet which on technical The Judges of Superior Courts have animadverted in law strong terms against this. It is very irregular, has no custom or decision to support it, and it is clearly against the ordinary and well established rules that the magistrate i must
2026-05-25 17:17:47 · Baseline
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20.

21.

stated that in the event of perjury being proved against the witness Leung you, he would consider that it vitiated the

whole of

the evidence against

the prisoness, in

establishment

far

as the

of a prima facie

case is concerned; and that

he would at once

the prisoners.

discharge

I submit that the

in

Magistrate acted irregularly. and contrary to all practice. postponing the rendition case until the trial of the witness

Leung You for perjury.

The magistrate must

decide

on the evidence

as

given before him, and nothing

else i

witness is

Convreted

whether

Convicted of perjury

126

of

not

cannot bind, and should not

!

influence the Magistrates

in any way.

decision in

The case for the prosecution

in the perjury trial might break down for many reasons, and yet the

man

be guilty.

Will the magistrate allow himself to be guided by

may

be

given

grounds alone?

a

verdiet which

on

technical

The Judges of Superior

Courts have animadverted in

law

strong terms against this. It is very irregular, has no custom or decision to support it, and it is clearly against the

ordinary and well established

rules that the magistrate i

must

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