38.
39
135
(the
To day! the 300 April)
I have received the following
therefore decline behalf of the
Established. I
to receive
evidence on
defence, As to whether a prima facie case has been made out, that also has to depend in a great measure upon what one may conceive to be the requirements of a prima facie case, and I am inclined to think so long as there is evidence which, whatever I may think, I am nevertheless unable to say, is false, to that extent and to that extent only is the case made out. Had there been any other evidence forthcoming of the same kind as that which has been adduced in the case of Leong Ayow I should have taken it into consideration. If, for instance, it had been proved to me that one of the watchman was, say, at the time this affair is supposed to have taken place a constable in the Police Force of Hongkong, I should clearly have considered it within my right to take evidence on such a point.
Or again, had the woman who describes herself as the amah of Yow Ma She been known to be all the time in the domestic employ of some one in Hongkong I should also have considered it right to take such evidence. But merely contradictory evidence, such as that of an alibi, or evidence of that kind, I consider would not be within my power to allow. Considering, then, all that has been urged by the defence as against the evidence for the prosecution, admitting that it is tainted throughout, and that if I were in the position of a jury or the final decision rested with me I should unhesitatingly throw it on one side, I nevertheless admit that to the extent of evidence having been given criminating the prisoners there is a prima facie case made out against them. I shall therefore commit the prisoners for safe custody to prison and shall direct the gaoler to detain them in prison until he shall receive some order from the Governor of Hongkong relative to the further detention, discharge, or transmission of such persons to the nearest Chinese authorities or to such other Chinese authorities as the Governor shall think fit. And in transmitting, as by Ordinance I am bound to do, the minutes of the investigation and the documents connected with the charge I shall state what I have stated to-day, and it will then rest with the Government to decide on their final action. Looking at the case from this point of view the Governor appears to me to have very much the same duties as the Attorney-General or the Grand Jury. He decides on the detention, discharge, or transmission of the accused.
Mr. Dennys—He has no evidence before him on behalf of the defendants. The Grand Jury has, so has the Attorney-General.
His Worship—The minutes of the evidence go before him.
Mr. Dennys—But not evidence for the defence.
I merely throw that out.
His Worship—That seems to me the position of affairs, and with that decision the case ends.
Mr. Dennys—I think it very necessary the prisoners should understand how your Worship's mind works. If they are simply told they are sent to gaol they will want to commit suicide at once. I don't want them to do that, because I think there is still a chance, so far as my man is concerned. I am afraid it is a slender one, because I know the Attorney-General thinks that if you commit they are bound to be given up, but I don't want the man to commit suicide, at least not until the last moment.
His Worship—There is one other point—it is scarcely necessary for me to refer to it—but with regard to what I said about discharging the prisoners upon the evidence of Leong Ayow falling to the ground, in doing so I of course did not do away with my liberty of action, but merely intended it, not as a promise to the prisoners, but as a preliminary notice to the prosecution given by way of courtesy, that that would very probably be the course I should take.
His Worship's remarks were then interpreted to the prisoners.
letter from the Colonial Secretary.
I follows the published report of what actually took place in Court W2611.
Sir,
Colonial Secretary's Office 30th April 1887.
In answer to your letter of the 29th April 1887. I have the honour by direction of His Excellency the Officer Administering the Government to transmit to you, for your guidance and information, a copy of a report of the Acting Attorney General.
38.
39
135
(the
To day! the 300 aprel)
I have received the following
ве
therefore decline behalf of the
Įtablished. I
to receive
evidence on
defence, As to whether a prima facie case has been made out, that also has to depend in a great measure upon what one may conceirs to be the require- ments of a prima facie case, and I am inclined to think so long as there is evidence which, what- | ever I may think, I am nevertheless unable to say, is false, to that extent and to that extent only is the case made ont. Had there been any other evidence forthcoming of the same kind as that which has been adduced in the case of Leong Ayow I should have taken it into consideration. If, for instance, it had been proved to me that ons of the watchman was, say, at the time this affair is supposed to have taken place a con- stable in the Police Force of Hongkong, I should clearly have considered it within my right to take evidence on such a point.
Or agaiu, bal the woman who describes herself as the amah of Yow Ma She been known to be all the time in the domestic employ of some one in Hongkong I should also have considered it right to take such evidence. But merely contradictory evidence, such as that of an alibi, or evidence of that kind, I consider would not be within my power to allow. Considering, then, all that has been urged by the defence as against the evidence for the prosecution, admitting that it is tainted throughout, and that if I were in the position of a jury or the final decision rested with me I should unhesitatingly throw it on one side, I nevertheless admit that to the extent of ovidence having been given criminating the pri soners there is a prima fucis case made out against them. I shall therefore commit the prisoners for safe custody to prison and shall direct the gaoler to detain them in prison until he shall receive some order from the Governor of Hongkong relative to the further detention, discharge, or transmission of such persons to the nearest Chinese authorities or to such other Chinese authorities as the Governor shall think fit. And in transmitting, as by Ordinance I am bound to do, the minutes of the investigation į and the documents connected with the charge I shall state what I have stated to-day, and it will then rest with the Government to decide on their final action. Looking at the case from this point of view the Governor appears to me to have very much the same duties as the At- torney-General or the Grand Jury. He decides on the detention, discharge, or transmission of the accused.
Mr. Dennys-He has no evidence before him
on behalf of the defendants. The Grand Jury has, so has the Attorney-General.
His Worship--The minutes of the evidence go before him.
Mr. Dennys-But not evidence for the defence.
I merely throw that out.
His Worship-That seems to me the position of affaire, and with that decision the case ends.
Mr. Dennys-I think it very necessary the prisoners should understand how your Worship's mind works. If they are simply told they are sent to gaol they will want to commit suicide at once. I don't want them to do that, because I think there is still a chance, so far as my man is concerned. I am afraid it is a slender one, be- canse I know the Attorney-General thinks that if you commit they are bound to be given up, but I don't want the man to commit suicide, st least not until the last moment.
His Worship-There is one other point-it is scarcely necessary for me to refer to it—but with regard to what I said about discharging the pri- soners upon the evidence of Leong Ayow falling to the ground, in doing so I of course did not do away with my liberty of action, but merely in- tended it, not as a promise to the prisoners, but as a preliminary notice to the prosecution given by way of courtesy, that that would very probably by the course I should take.
His Worship's remarks were then interpreted to the prisoners.
letter
from
the Colonial
Secretary.
I
follows
the
published report of what
actually took place in
Court
W2611.
Siv
ou
Su
of the
the 29th
Aprib
Houghous
Colonial Secretary's Office
30the April 1887.
auswer to your letter
Духов
April 1887. I
have the honour by direction
of His
Rexcellency the Officer
Administering the Government to transmit to you, for
your guidance and information
06
copy of a
report of the Acting Attorney
Guerab
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