167
tablished. I therefore decline to receive evidence on behalf of the 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 watchmen 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 someone 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 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 Dearest 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, or 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'm 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.
In forwarding the minutes of evidence to His Excellency the Administrator, I wrote the following letter:-
W38.
Sir,
Magistracy, Hongkong,
2nd May, 1887.
I have the honour to report that I have committed to prison the prisoners whose rendition is demanded by the Chinese Government, pending the orders of His Excellency the Administrator, and I beg to forward herewith the minutes of the investigation and other documents connected with the case.
I found that a prima facie case...
The Honourable Fred Stewart, LL.D.
Acting Colonial Secretary.
4.
167
گیره
tablished. I therefore decline to receive evidence on behalf of the 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 require- ments of a prima facie case, and I am inclined to think so long as there is evidence which, what- eror 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 one of the watchmen 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 again, had the woman who describes herself as the amah of Yow Ma Sbe 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. Bat 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 prosecntion, admitting that it is tainted throughout, and that if I were in the position of a jury or the final decision rested with ma I should unhesitatingly throw it on one side, I nevertheless admit that to the extent of evidence having been given criminating the pri soners there is a prima facie case made out against them. I shall therefore commit prisoners for safe custody to prison and shall direct the gaoler to detain than 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 Dearost Chinese anthorities or to such other Chinese authorities as the Governor shall think fit.
tho
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 rost 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.. Ha 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, o has the Attorney-Gengra}.
This Worhip-The iminats of the gvidence go Iefore him.
Mr. Denys--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. D'am afraid it is a slender one, be- cause 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 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 prizones.
In forwarding the
mincites of evidence.
to this Excellency the Administrates, I wrote. the following letter:-
W38.
Sir,
Magistracy Stoughong,
2nd May, 1887.
I have the honour to report that I
have committed to prison the prismess whose rendition is demanded by the Chinese Government, pending the
this Excellency the Administrator, beg to forward herewith
orders of
and. I
the minutes
minutes of
the investigation and other documents connected with the case.
I found that a prima facie
The Honourable
Fred Stewart, LL.D.
Acting Colonial Secretary.
Case
was
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