CO129-239 - Governor Des Voeus Acting Governor Stewart - 1888 [9-12] — Page 14

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22. In thus declining to be held responsible because the complainant did not employ a Solicitor, Mr. DEANE shows the same obliquity of vision as to his duty and responsibility which is apparent throughout this meinorial. There is of course no reason why the defendant should not employ a Solicitor: but when he bad employed one, it was the bounden duty of the Police Authorities either to apply to the Government to employ one on the other side, or at least to take care by their attitude and action in Court that the complainant's case should be as little as possible prejudiced by the want of one. It cannot be doubted that an officer of Mr. HousPoor's intelligence, if he had taken any other than a nominal part in the case, could have prevented some of the serious defects in the trial which are pointed out in my minute on the Magistrate's conduct of the case. But as it Mr. DEANE having from the first made the mistake of treating the matter as a mere private grievance, his subordinate naturally followed suit and witnessed all that occurred in silence.

was,

23. (xi) "His Excellency states that he is advised that the evidence was quite "sufficient to warrant a conviction, yet I am inferentially accused through my influence on my subordinates of misleading a Magistrate, and His Excellency "infers that I am responsible for the Magistrate's decision," &c.

This criticism is to a certain extent plausible and ingenious: but Mr. DEANE must have had a poor opinion of the care and ability which would be applied to the consideration of his memorial if he thought it likely to be effective. It is true that in the opinion of the Attorney General there was sufficient in the evidence to justify a conviction: but it is also clear that, but for the extremely defective way in which the complainant's case was conducted it could have been made so strong that even a weak Magistrate could not have failed to convict. The Magistrate seeing the attitude of the Police might naturally suppose that the Police Authorities regarded the matter as (in the words of the defendant's Solicitor) a "trumped up case:" and it was thus, and only thus, that I deemed Mr. DEANE responsible not for intentionally deceiving the Magistrate, but (what is a very different thing) for action and inaction such as probably did deceive him. I have never said, nor thought, that he acted, or failed to act, with the object of deception : nor in any other sense than the above have I held him responsible for the abortive result of the trial.

24. Neither have I deviated one hairs-breadth from the ordinary routine "observed in sending Police Constables for trial before a Magistrate." If this was really "ordinary routine Your Lordship will, I am confident, be of opinion that it is high time it should be amended.

25. (xii). Mr. DEANE'S repudiation of his conduct having been biassed by race distinction refers I presume to the following passage in my minute of 4th August "In conclusion I must express a strong feeling that the course taken would have been very different if the outraged householder had been a European, and this case adds confirmation to the opinion which I had previously formed as to the unsatisfactory spirit which governs the relations between the Police Force " and the Chinese inhabitants. If previous offences against Chinese on the part of "the Police, have been dealt with on the principle which has guided the Superintendent's action in this case, the members of the Force may well have come "to believe that such acts are regarded, at least with complacency, by their superiors, "and the punishment of Sergeant SHEIK ALIM, if it should be necessary for the "sake of example, will be awarded in respect of an offence for which he is only

'partially responsible."

ፈ፡

All my minutes forwarded with this despatch were read carefully by the Attorney General and the Colonial Secretary who were requested by me to mark any expressions to which they could not give their full concurrence; and, I actu- ally struck out the only passage which was considered by them as open to exception, as entering upon ground which the Attorney General deemed debateable. I mention this not in the least to lessen my responsibility; but in order to shew with regard to the minutes generally and this passage in particular that I wrote with the fullest deliberation.

any

26. On reviewing the passage now, I am unable conscientiously to alter a single word and I leave it, with confidence, to Your Lordship's judginent, without

further explanation except as to one point.

27. The opinion as to the unsatisfactory spirit which governs the relations between the Police Force and the Chinese inhabitants which I mention as

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Enclosure 8.

18th August, 1833.

Enclosure 1.

Enclosure 3.

having been formed previously to the occurrence of this case, was based on various antecedent events which had occasioned minutes of mine scarcely less severe than that now forwarded. As Mr. DEANE has not thought fit to refer to them in his appeal, I do not deem it necessary to increase the bulk of this despatch by stating the facts which justified them and also justified the opinion above expressed.

28. For I venture to think that this case even if it stood alone is justificatory of such an opinion and that it would be absolutely impossible for any one with a competent knowledge of this Colony to believe if the shop which was the scene of the Police action in the case had been that of a European that either the Sergeant would have acted as he did, or that the Captain Superintendent would have treated the matter with equal indifference.

29. If Your Lordship should in any way differ from this view, it will in that' case be necessary for me to bring forward the antecedent facts as to which I am now silent. For they evidence precisely the same indifference on the part of Mr. DEANE to Chinese feelings and interests which is indicated in this case only in a manner which, but for my interference, would have had much more immediately serious consequences.

30. I entirely believe Mr. DEANE'S word that he is not aware of this indiffer- ence; it is indeed his total unconsciousness of it which in his position, makes it so dangerous, and renders very plain language necessary as the only available means of correcting it.

31. As Your Lordship may like to know the end of the case which is the subject of this memorial, I enclose my reply to Mr. DEANE's letter of 21st August and his final letter of 25th August containing the Order as amended at my sugges tion, which he has promulgated to the Police Force.

32. Lest Your Lordship should think that I ought in accordance with the provision of the local law on the subject to have obtained a rehearing of the charge against Sergeant ALIM, I may mention that the objections which precluded me from this course were,-

(1.) It was very doubtful whether I have the power to order the Super-

intendent of Police to take the part of complainant.

(2.) It was also doubtful whether on a rehearing the Magistrate could

have substituted one complainant for another.

(3.) I had reason to believe that the aggrieved person maintained his

strong objection to appearing in that character.

(4.) To have expressly sanctioned his re-appearance as complainant would have been an awkward precedent and would have deprived of its point much of the expression of view contained in my minute, and

(5.) With the esprit-de-corps of the Police aroused in favour of the defendant and a corresponding fear of offending it on the part

of the Chinese the chances of thus eliciting the full truth would have been very slight.

33. It may possibly appear to Your Lordship that in commenting upon Mr. DEANE'S many errors of judgment I have taken too grave a view of them; and that as he has been for over 20 years at the Head of the Police the consequences

of his defective principles of control would have made themselves more visible if they were as dangerous as I have described.

88476.

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34. In reply to such an objection I have to say :-

(1.) The state of things revealed in the Report of the Committee of Enquiry into the management of the Police Force which sat two years ago was of a highly unsatisfactory character.

(2.) The late Cargo-boat strike (as to which in view of your despatch No. 118 of 17th July, 1888, I have deemed it necessary to make further report in my despatch No. 262 of even date) showed not only the incompetence of the Police Force under its present management to deal effectually with violent and riotous acts committed by persons in large numbers but, what is more serious, the utter want of confidence on the part of the Captain Superintendent either in himself or in the Force under him.