21
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Again, though there was a Solicitor employed for the defence, none appeared for the prosecu- tion; and though there were a great number "of witnesses of at least some of the acts com- plained of, none were summoned except those who were deeply concerned in the issue on one "side or the otlier, and whose evidence was on that account open to be impeached; in fact the whole course pursued by the Police (their action as well as their inaction) was calculated rather to screen the accused than to elicit the true facts. "This attitude on the part of the Police no "doubt contributed to mislead the Magistrate as
**
to the nature of the case before him; and fur- "nished some, though very slight excuse for the exceedingly perfunctory nature of his investi- gation.
"As the matter stands, however, I am advised "that the evidence was quite sufficient to warrant a conviction, and that the position of the case, "when it was dismissed, was quite insufficient to
warrant dismissal.
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"And yet owing to the improper attitude as- sumed by the Police under the influence of the
Captain Superintendent, I see great difficulty
"in now eliciting the true facts, or in dealing
with the case as Justice requires.
66
{{
Altogether the proceedings in connexion with
this charge, and its issue, are of an exceedingly unsatisfactory character, and such as may well
produce among householders, especially among
"the Chinese, a feeling of complete insecurity
46
S
against unwarranted and illegal intrusion.
"The Captain Superintendent has, I regret to observe, shewn a complete failure to appreciate "his duty to the public, and has evaded, not to say shirked, his proper responsibility. And as I regard his conduct and attitute as othewise likely to have far reaching evil consequences, "I am most reluctantly compelled (notwith- standing his high position and long service) to "visit them with my severe censure.
Moreover "the matter cannot be left in its present position; or otherwise the Members of the Police Force will certainly not be deterred from similar high "handed proceedings in future.
C
"
"I therefore require the Captain Superintend- ent to take such action as is likely to prove a "wholesome warning against a recurrence of "such proceedings. I make no suggestion as to "what this action should be.
"As there is serious danger to the peace of the "community in the spirit in which the Force is
*4
being governed, as illustrated in this case, I
"shall be able to judge from the nature of the
44
Captain Superintendent's action what prospect
"there is of improvement in this respect. On "this depends the further steps which it will be
necessary for me to take."
FREDERICK STEWART,
Colonial Secretary,
Captain Superintendent of Police to Colonial Secretary.
No. 176.
SIR,
POLICE DEPARTMENT, 21st August, 1888.
With reference to the latter portion of the Minute of His Excellency on C.S.O. 1889, I have the honour to submit for His Excellency's con- sideration and approval the following general order.
2. In framing this general order, I am placed in somewhat a delicate position, as I cannot officially publish anything that can be interpreted as a Police censure of the decision of a Magistrate, whilst on the other hand I have to bear in mind His Excellency the Governor's views on this
case.
3. Unless therefore the decision of the Magis- trate is reversed or amended in accordance with
the following powers which are often exercised: The adjudicating Justice may at any time reverse or amend his decision or appoint the case to be "reboard by himself or another Justice should it appear that such decision is erroneous or unjust, (Ordinance 5 of 1850 § XI)". I am bound to use language that cannot but reflect on the recorded decision.
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4. Draft General Order." With reference to "the case of Sergeant SHEIK ALIM, who has been 'charged with misconduct as a Constable in entering the shop of Mr. Li KWONG CHI, 3, 'Jervois Street, and searching his house, the Captain Superintendent has to point out to Sergeant SHEIK ALIM, and as a warning to other Members of the Force, that had the case resulted "in a conviction, it is probable that dismissal from, or at least reduction in, the Service would "have followed as a necessary consequence. As "the matter stands the charge against Sergeant "SHEIK ALIM has been dismissed, therefore the "above severe measures cannot be taken, but they might be made expedient if an adverse "decision to Sergeant SHEIK ALIM is hereafter "given in a Civil Court or at the Police Court The "for any matter arising out of this case.
(
spirit in which Police Officers should act with "reference to matters that concern themselves "personally and not the Public generally is laid "down in the Departmental Orders, viz.: that
(
no Police Inspector is to take proceedings at law for any assault upon himself or for any "private personal grievance without leave of a "Superintendent; and the carrying out of the
CC
ic
'spirit of this instruction is the more necessary
in a Colony like this in which so many nation- "alities reside. It is a difficult matter to separate at all times the action of a Police Constable as "such from his action as a Private Individual; "but in this case Sergeant SHEIK ALIM in mingling "his private wrongs with his official position by making use of one Chinese Officer in uniformi
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