CO129-265 - Public Offices & Others - 1894 — Page 641

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

633

It would probably be said I think that the Chinese are in favour of summary trials and I have no doubt that the class of Chinamen supposed to represent Chinese opinion in Hong Kong viz: shop-keepers and Compradores would strongly advocate them but I do not think that their opinion should be relied upon in a question of the way justice is to be administered. I think that the responsibility of deciding the question of guilt or innocence in charges of serious crime requiring punishment exceeding 6 months imprisonment is too great for a single Magistrate and that the procedure is too summary for such cases. Criminal charges are often preferred with great recklessness in Hong Kong and perjury is dreadfully rife. Careful cross-examina- tion and a strict adherence to the English law of evidence should be secured as far as possible in

serious cases.

There is an appeal from a Magistrate's decision but this is practically no safeguard in the

case of sentences for ordinary crime The accused is

generally penniless and could not find the security

for costs required - Moreover he never knows anything

about a right of appeal.

Please excuse the length of this.

Yours truly,

(Sd) F. Clarke.

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