CO129-234 - Acting Governor Cameron Governor Des Voeus - 1887 [9-12] — Page 399

that there is probable cause

for believing that he has committed the crime of which he is accused it shall be

the

and it was

lawful for such Magistrate to commit the accused to prison and to direct the Gaoler to detain him until he receives orders from the Governor respecting the further detention, discharge or transmission of such person to the Chinese Authorities. This procedure appears to be

very simple I presume the intention of the Legislature that it should be so, but in practice it has led to a great many difficulties, to long investigations before the Magistrate, to accusations that the cases have been trumped up either by the higher

officials, and to

great expense on the part of the Chinese Authorities. Whether owing to obturacy or to inability to understand the first principles of our law of evidence, it has been impossible

for the

lower

in

many

on

cases

Chinese Government to

produce

2

case.

395

produce satisfactory witnesses to prove a prima facie case.

Their evidence has always been open to strong

criticism

and in their statements or conduct there has always been something that appeared strange and difficult to be received. In view of the long delay which took place last year in the cases of Chang Chi & Khang Yeh, dir M. March in January last caused

a letter to be addressed to the Police

and Magistrates stating that before committing they could not require

such evidence as would warrant a

a

conviction; that they should restrict their investigation accordingly, and that no postponement should be allowed unless good cause were

shewn, and

granted merely

for the convenience of the Solicitors.

"The first

case

tried after

this

was that of Ling Sam and others who were accused of breaking

into