CO129-278 - Governor Sir Robinson - 1897 [11-12] — Page 408

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

Your Petitioners have been unable to obtain a copy of the witness statements referred to in the enquiry, which has made it difficult for them to thoroughly understand the whole position for the purposes of this Petition.

Your Petitioner has no personal feeling against the Captain Superintendent of Police and is not imputing to him any unfairness, though strongly protesting against the methods which allowed a man to be broken on an enquiry held in such a manner.

Now, if the proceedings were conducted by the strict letter of the law, which, as Your Petitioner is convinced, is doubtful, Your Petitioner submits that it is unconstitutional and inequitable that the prosecutor should preside over such an enquiry, and that the President should be an impartial person who could hear evidence on both sides with the assistance of trained lawyers, so that the full benefit of cross-examination might be obtained.

Your Petitioner had the opportunity of questioning the witnesses, it is true, but he was not allowed to take notes because he was standing to attention before the Captain Superintendent, and no writing materials were offered to him, nor was he allowed to take notes during the enquiry. The Captain Superintendent ordered him to stand in a particular place during the enquiry.

Your Petitioner says that the withholding of the evidence and the lack of opportunity to take notes were inequitable and unfair.

Further, Your Petitioner's legal advisers would point out that a person committed for trial on a charge of murder is entitled to a copy of the depositions on which he is committed.

A copy of Your Petitioner's Statement of Defence handed to the Captain Superintendent of Police during the enquiry is contained in the Fourth Schedule.

Your Petitioner was not dismissed for bribery. There was a suggestion of it in the evidence given by Sham In, a convicted gambler, who gave evidence for Your Petitioner, which, as far as Your Petitioner is aware, is absolutely false.

This witness, Sham In, further said that the expression "Dai Lau" referred to Your Petitioner. Your Petitioner believes that this expression, as used by the witness, did not refer to him. The term "Dai Lau" is a term used in more than one sense.

Your Petitioner refers to an enquiry recently held by the Captain Superintendent to enquire into a charge against Mr. Angus McIntyre. A Chinese witness examined by Sergeant McIntyre made use of the words "Dai Lau" in the course of being cross-examined.


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Your Petitioners have been unable to obtain a copy of the witness statements referred to in the enquiry, which has made it difficult for them to thoroughly understand the whole position for the purposes of this Petition. Your Petitioner has no personal feeling against the Captain Superintendent of Police and is not imputing to him any unfairness, though strongly protesting against the methods which allowed a man to be broken on an enquiry held in such a manner. Now, if the proceedings were conducted by the strict letter of the law, which, as Your Petitioner is convinced, is doubtful, Your Petitioner submits that it is unconstitutional and inequitable that the prosecutor should preside over such an enquiry, and that the President should be an impartial person who could hear evidence on both sides with the assistance of trained lawyers, so that the full benefit of cross-examination might be obtained. Your Petitioner had the opportunity of questioning the witnesses, it is true, but he was not allowed to take notes because he was standing to attention before the Captain Superintendent, and no writing materials were offered to him, nor was he allowed to take notes during the enquiry. The Captain Superintendent ordered him to stand in a particular place during the enquiry. Your Petitioner says that the withholding of the evidence and the lack of opportunity to take notes were inequitable and unfair. Further, Your Petitioner's legal advisers would point out that a person committed for trial on a charge of murder is entitled to a copy of the depositions on which he is committed. A copy of Your Petitioner's Statement of Defence handed to the Captain Superintendent of Police during the enquiry is contained in the Fourth Schedule. Your Petitioner was not dismissed for bribery. There was a suggestion of it in the evidence given by Sham In, a convicted gambler, who gave evidence for Your Petitioner, which, as far as Your Petitioner is aware, is absolutely false. This witness, Sham In, further said that the expression "Dai Lau" referred to Your Petitioner. Your Petitioner believes that this expression, as used by the witness, did not refer to him. The term "Dai Lau" is a term used in more than one sense. Your Petitioner refers to an enquiry recently held by the Captain Superintendent to enquire into a charge against Mr. Angus McIntyre. A Chinese witness examined by Sergeant McIntyre made use of the words "Dai Lau" in the course of being cross-examined. Page 404 11. 12. 16.
Baseline (Original)
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2026-05-30 05:47:24 · Baseline
View content

it

404

11.

12.

16.

should have genew Your Petitioners

copy of the widnice retted for to membles them to thoroughly understands the weshole positions for the purposes of this Petition.

y

that it is uncours

کا

acte or droits, but he is.

GAALKAI CO serRAI

Your Politioner has no personal feeling against the Captain Superintendent of Police and is not infucting to him ans surrougfeel fair respectfully though strongly forotecting agonist re eyelmes which can allow a man to be broken on aAN enquiry held in such a manner - now if the proceedings.

by the strich lester of the laws, which, as Your Petitioner is covivors, is doubtful, your Petitioner stitutional and inequitable that the prosecutor should firsside overt

be such an enquiry, and that the President segles

- infertial person who obcousd hear evidence on both sides with the assistance of trained lawyers, wo thout thas

Cas full. benefit of croes examination might be obtained. Your Petitioner had the offerorkunity

the witnesses, it is true, but he is not. of questioning

for was he afforded the opportunity of tathing notes, because during be was standing to attention before the Captain Suferintendent, and no writing materials

he active if he

would like to take udes. We LAPA L

ecere

teary serd

to

Долгие

Vizes

• adefit at crown_2famination.

thesecolele mepesiy

સાક્ષ

offered to him, orderou by the Cofitain Superintendant to stud in a particuler place during the enquien

Petitioner says that the withholding of the

inequitable and unfair- ident

and he did so

accordingly.

Further

Your

evidence acted for by your Petitioner's legal

advisers wond

a murderer committed for trial is entitled to a · coping of the depositions on which he is

committed.,

CLE

A copy of your Petitioners Statement of defences handed to the Cafetarin Superintendent of Police

during the enquiry above illuded to is contained in the fourtho Schedule keramider wveristen.

there is

1.10

0.0

Four Petitioner

of

to anothers massed

Your Petitioners is not dismissed for bribery. In the sentences

ce of disunisal suggestion of bribery. There was a suggestions of it in the riduce given

that he frail mess. by Sham In, as convicted quubler, whe says for Your Peletioner, which

far as Your Petitioner is aware is absolutely matrice. "This weiteress, Shams on, further said there the expression "Don's she referred to your

that

Kussen mrcought

the Celine by this exferession so far as he is aware. The expression litter all of its "Large head"

the witness win that it referred to Your Petitioner beension be

the belie of the district. "four Politioner was husions amon egot

"Safe to ie oto 10, which was his number in the Parce. This certains that the tenu "Dai daw is a terus which is used in more

сва wage

Politiques.

A

Clauer

DA).

A

the once pector

اله تم سے

awinstances of this Your Petitioner refors to an ouquing recently bold by the Cafelaine Sexperintendent to mequire into a charge against der grant Angus elve cAuley. A chinese evituess

examined by Sergeant ollee Auley made use

of the words

in the course

of being

Cross

(5)

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