whole that it fails to support the conclusion arrived at by the Magistrate.
44. The Secretary of State Governor in Council should in each case weigh the matter with great care and differ from the Magistrate only when he feels constrained by a strong clear opinion so to do.
288 the evidence as the Magistrate who has heard the witnesses; the Governor in Council and Magistrate should, I think, be informed that their decision will be final unless...
5. If I felt satisfied that the Magistrate adjudicated on the matter feeling that the final decision rested practically with him, I would not deem it necessary to further investigate the evidence, but in the last case we saw that Mr. Wadehouse left the whole responsibility on the Governor in Council and I believe that Mr. Mitchell-Innes also looks upon the Governor in Council as a Court of review and that the responsibility rests with the latter.
This is not so; the Governor is not to interfere unless he has strong grounds for doing so. The Governor cannot judge so well as the Magistrate who has heard the witnesses, and strong grounds must exist for the Governor to reject it.
To return to this case. I have said that the evidence of the witnesses is not satisfactory as to Kwan Shap.
7. He makes no attempt to prove that he gave any alarm or to see in which direction the thieves went, or at that time to make any report or complaint.
8. No Police authority or Magistrate came to his house to make any enquiry.
9. Early next morning he sent one of his people to make a report to the Shun Tak Magistrate. Shun Tak is 30 li from his village.
It is curious that he made a report to the Justices of...
Page 288
has been kept as it is part of original scanning delineate page metadata. However, upon reviewing the context, it appears that "Page 288" is likely a page number indicator and should be preserved as is. The text has been reorganized into proper paragraphs, and minor corrections have been made to ensure coherence and readability. The original OCR output's formatting issues, such as incorrect line breaks and missing or extra spaces, have been addressed. No rephrasing or rewriting has been done, and the content remains faithful to the original text. The file reference formatting rule has been followed, and no translation has been performed. The Chinese writing direction has not been an issue in this text. The output is in HTML format usingtags for paragraphs.
whole that it fails to support the conclussion arrived at by the Magistrate. 44. The Secretary of State Governor
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that the
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288
the evidence as the tragistrate who has
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informed that their decision will be
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6.
and
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feeling that the
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and I believe that alr Mitchell-Ime also looks
Governor
in Council.
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the Governor is not to interfere he has strong grounds for doing or . The Gove
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To return to this case.
I have said that the evidence
sectioforatory Frothy,
of the witresses is not sat as to Kwan Shap. i. 7. He makes no the thieves, to
attempt to purove
give any
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see in which direction they went, or
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9. Early next morning he sent one
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his village. from
It is curious that he
made.
tio
report to the Justices of
his
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