CO129-239 - Governor Des Voeus Acting Governor Stewart - 1888 [9-12] — Page 27

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spreading, in which way the peace of the neigh- bourhood may be preserved; for which petitioners will be very grateful.

Here follow 152 shop chops which have been compared with the Register and found to be correct.

To the Registrar General for submission to His Excellency the Governor.

Minute by the Registrar General.

Honourable COLONIAL SECRETARY,

**

Transmitted together with three statements which were handed to and declared before me

yesterday.

J. H. STEWART LOCKHART, Registrar General.

17th August, 1888.

Minute by the Colonial Secretary,

Submitted, along with the enclosures, for His Excellency's information and consideration.

FREDERICK STEWART,

17th August, 1888.

Colonial Secretary.

Minute by His Excellency the Governor.

Reply-

That the facts, which the Governor has reason to believe, are in the main stated correctly in this petition, have already attracted His Excellency's attention; and His Excellency is not surprised that they should have created indignation among the Chinese population.

His Excellency thinks that the action, which is being taken, will prove to be such as to prevent a recurrence of a similar cause of complaint, and will make clear to the Police, as well as others, that illegal entrance into houses will not be com- mitted with impunity,

G. WILLIAM DES VŒUX.

18th August, 1888.

* Statements not printed.

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C

This

seems

to

me rather interfaring with the etio

+

Enclosure 3.

Governor's Minute.

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COLONIAL SECRETARY'S OFFICE,

HONGKONG, 18th August, 1888,

The following Minute by His Excellency the Governor respecting the case of Sergeant SHEIK ALIM is communicated to the Acting Police Ma- gistrate for his information:--

"This case, I regret to observe, shews a grave want of appreciation of his duty on the part of "Mr. SERCOMBE-SMITH. A Sergeant of Police "(who as no questions were asked on the subject

I must presume to have been in uniform) suspect-

nattleing that a certain Chinese, LEUNG KING, was

B the Exams

but Mi Smith

o your wand it will do my barn

"

concerned in the absconding of his wife, goes to "the shop where the latter was employed, accom-

"panied by two constables. One of these constables,

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according to his own evidence, is posted at the "door "chasing a crowd away." It might have "thus been inferred that proceedings were intended "that were likely to attract a crowd. Moreover "the fact of the Sergeant being accompanied by "two constables would, in the absence of evidence "to the contrary, lead to the further inference that "action was contemplated which would possibly "be resisted.

"As to what occurred in the shop there is a "conflict of evidence. But în consideration of the above circumstances, and of the fact that the proceedings of the accused as stated by the com- plainant constituted a very serious outrage, it was incumbent on the Magistrate to take far

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more trouble than he appears to have done, to "ascertain where the truth lay. There were several "other witnesses present; and before dismissing a "case of so serious a kind, he should have sum- "moned them and examined them separately, not

66

to mention that the presence of a solicitor on the "side of the defence should bave suggested a much "more stringent examination of the defendant's "witnesses. There was however a still stronger

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reason for this increased stringency of examina- "tion. For these witnesses were participators in the action which was the subject of the charge; and their evidence therefore, if admissible at all, was peculiarly open to suspicion.

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"The visit of LEUNG KING to the Police Station

"in company with the Sergeant should also have

[4

been the subject of enquiry. With a view to the

proper estimation of the Sergeant's conduct, it

was necessary to ascertain (1) whether this man "left his occupation willingly for such a purpose,

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or whether he was practically a prisoner the arrest of whom under such circumstances without "warrant would in itself have been a gross impro- priety; (2) if he was not under arrest, and there was no search in the shop, what was the motive "for proceeding there with such a force.

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