CO129-239 - Governor Des Voeus Acting Governor Stewart - 1888 [9-12] — Page 28

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"But notwithstanding these defects and the "exceedingly perfunctory nature of the enquiry, "the case as presented even by the defence dis- "closes to say the least, a gross impropriety on the

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part of the Police; and I am of opinion that "Mr. Surrn's decision has caused a very serious "failure of Justice, which is likely to induce in the "Chinese a not unreasonable belief that their "equal right before the law is merely a nama."

FREDERICK STEWART,

Colonial Secretary.

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Enclosure 4.

Colonial Secretary to Captain Superintendent of Police.

No. 1208.

COLONIAL SECRETARY'S OFFICE,

HONGKONG, 24th August, 1888.

1809

I am directed by the Governor to acknowledge the receipt of two letters from you, each dated 21st August, 1888, in reply to C.S.O. 18%, one of them stating your intention to address the Secretary of State with reference to His Excel- lency's Minutes, the other forwarding for approval a Draft General Order to the Police with respect to the case of Sergeant SHEIK ALIM.

On the first letter His Excellency makes no comment beyond this, that the object of its being written appears to need explanation, and that he presumes that will be given in your Memorial to the Secretary of State.

As regards the other letter, the Governor of course approves of your endeavour to avoid

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{

publishing anything that can be interpreted as

à Police censure of the decision of a Magistrate; but is at the same time unable to see any necessity for the slightest reflection on that decision.

For various reasons His Excellency considers that the preliminary portion of your Order should be replaced by simple statements of the following

nature:--

(1.) That on account of the dismissal of the case the Sergeant must be held guilt- less of the charge in its graver aspect, which if proven would have involved his dismissal or at least his reduction; (2.) That the proceedings shewed neverthe- less a serious breach of discipline (in the particular referred to in your draft order) a breach of discipline which unless visited with substantial punishment would cause a general feeling of insecurity against similar proceedings; and

(3.) That therefore you are compelled, and

in view of the Sergeant's long and meritorious services most reluctantly compelled, to recommend the with- drawal of the honour and privilege (mentioned by you) which

was

granted as a reward for good conduct. If the Governor is right in presuming from your reference to the Departmental Order on the subject that the Sergeant is contemplating further proceedings at Law, His Excellency is of opinion that any warning you deem it necessary to give as the probable result of his failure, should be given orally, and should not be contained in the General Order; and you may at the same time inform the Sergeant that the restoration of what he now loses will depend on his conduct during the next year. Should this be invariably good His Excellency will be prepared to give favour- able consideration to any recommendation you may make on the subject.