CO129-234 - Acting Governor Cameron Governor Des Voeus - 1887 [9-12] — Page 342

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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interfered unnecessarily with the Magistrate and that the Magistrate

had not been given any discretion in the matter but was

simply to make an order and adopt the opinion of the Attorney General instead of giving his

own decision upon the arguments adduced before him.

The Magistrate may, if he has any doubt on a point which has been raised before him, ask the opinion of the Attorney General and this Officer will advise him as far as he is able on the materials given to him. The Magistrate is not bound by this opinion and is perfectly free to follow it or not, but if he adopts it, it becomes his own and he should not state that he is advised by the Government or the Attorney General to do such a thing.

The Government, if it is necessary, may suggest to the Magistrate certain broad principles of law but it has no right in any case to dictate to the Magistrate what his judgement or decision should be.

Now in this case I was not advising the Magistrate, and I purposely refrained from giving any opinion as to the present validity and force of the warrant of 9th August. It was issued under special circumstances and for a particular object and so far was valid. The object was to detain the prisoner, who, it was believed, was going to be discharged that day until another warrant could be obtained in the usual and regular way. The prisoner was not released on that day, I believe, and the warrant was put in force by serving it on Major Compoter, the Superintendent of the Gaol. Instead of being discharged, the accused was detained on the warrant being served on him.

Page 339

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interfered unnecessarily with the Magistrate and that the Magistrate had not been given any discretion in the matter but was simply to make an order and adopt the opinion of the Attorney General instead of giving his own decision upon the arguments adduced before him. The Magistrate may, if he has any doubt on a point which has been raised before him, ask the opinion of the Attorney General and this Officer will advise him as far as he is able on the materials given to him. The Magistrate is not bound by this opinion and is perfectly free to follow it or not, but if he adopts it, it becomes his own and he should not state that he is advised by the Government or the Attorney General to do such a thing. The Government, if it is necessary, may suggest to the Magistrate certain broad principles of law but it has no right in any case to dictate to the Magistrate what his judgement or decision should be. Now in this case I was not advising the Magistrate, and I purposely refrained from giving any opinion as to the present validity and force of the warrant of 9th August. It was issued under special circumstances and for a particular object and so far was valid. The object was to detain the prisoner, who, it was believed, was going to be discharged that day until another warrant could be obtained in the usual and regular way. The prisoner was not released on that day, I believe, and the warrant was put in force by serving it on Major Compoter, the Superintendent of the Gaol. Instead of being discharged, the accused was detained on the warrant being served on him. Page 339
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interferco muecessarily with the Magistrate and that the Magistrate had not been given any in the matter but was discretion aimply~~ an order and adopting opinion of the Attorney General & of hearing the parties and obeying General instead giving his own decision upon the arguments before him. adduced any The Magistrate may, if he has point which has doubt on a been raised before him, ack opinion of the Attorney General and this Officer able C on for the will advice as far he to him. The the materials given Magistrate is not bound by this opinion and is perfectly free to follow it or not, but if he adopts it, it becomes his cron and he should not state that he is advised by the Government or the Attorney several to do such or a thing. such lovernment, if it is necessary. may 339 may suggest to the Magistrate certain broad principles of law but it has right in any case to dictate to the Magistrate what his judgement decision should be. Now in this case I was not advising the Magistrate, and I purposely refrains, from giving any opinion 00 to the present validity and force of the warrant of 9th August. It was ivoved under special circumstances and for particular object and so far was valid . The object was to detain the prisoner, who, it it was believed, wav discharged that day going to be until another warrant could be obtained in the usual and regular way The prisoner but that day, Ibelicas put in was not released on the warrant was and on force by serving it on Major Compoter the Superintendent of the Gaol. of the accused that Warrant he Instead detained on being discharged
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interferco muecessarily with the Magistrate and that the Magistrate

had not been given any in the matter but was

discretion

aimply~~

an order and adopting opinion of the Attorney General & of hearing the parties and

obeying

General instead

giving his

own decision upon the arguments

before him.

adduced

any

The Magistrate may, if he has

point which has

doubt on a

been raised before him, ack opinion of the Attorney General and

this Officer

able

C

on

for the

will advice as

far

he

to

him. The

the materials given Magistrate is not bound by this opinion and is perfectly free to follow it or not, but if he adopts it, it becomes his

cron and he should not state

that he is advised by the Government

or

the Attorney several to do such or

a

thing.

such lovernment, if it is necessary.

may

339

may suggest to the Magistrate certain broad principles of law but it has right in any

case

to dictate to the

Magistrate what his judgement

decision should be.

Now in this case

I was not advising

the Magistrate, and I purposely refrains, from giving any opinion

00

to the

present validity and force of the warrant of 9th August. It was ivoved under special circumstances and for

particular object and so far was valid . The object was to detain the prisoner,

who, it

it was

believed, wav

discharged that day

going

to be

until another

warrant could be obtained in the usual and regular way

The prisoner

but

that day, Ibelicas put in

was not released on the warrant was

and on

force by serving it on Major Compoter the Superintendent of the Gaol.

of the accused that Warrant he

Instead

detained on

being

discharged

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