CO129-278 - Governor Sir Robinson - 1897 [11-12] — Page 422

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

418

It was obvious that the authenticity of the entries contained in it had been established beyond any reasonable doubt in the Witchell prosecution and endorsed by the verdict of a jury; and had further been tested successfully in the proceedings against Osmanu & Hore by the Executive Council.

It was obvious that in any case taken up against any of the remaining public officers on the list, the whole foundation of the evidence, and in the vast majority of cases the entire evidence adducible, would rest on or consist of the list of the names of the recipients of bribes from the Wa Line gambling house.

But in the Witchell case, the Chief Justice had intimated that as the defence had not demanded that the list should be put in evidence, it could not have been put in evidence by the prosecution - a fact of which the learned Counsel for the prosecution showed they were well aware, for they never attempted to put the list in evidence, though sorely desiring to do so.

It was therefore clear that after the dictum of the Chief Justice, it would be impossible to use the list as evidence in any enquiry conducted on strictly legal technical lines.

Therefore, it was certain that a prosecution in a case like that of the Petitioner's under Section 22 of Ordinance 14 of 1887 would be embarked upon with grave danger of disaster.

Since

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418 K It was obvious that the authenticity of the entries contained in it had been established beyond any reasonable doubt in the Witchell prosecution and endorsed by the verdict of a jury; and had further been tested successfully in the proceedings against Osmanu & Hore by the Executive Council. It was obvious that in any case taken up against any of the remaining public officers on the list, the whole foundation of the evidence, and in the vast majority of cases the entire evidence adducible, would rest on or consist of the list of the names of the recipients of bribes from the Wa Line gambling house. But in the Witchell case, the Chief Justice had intimated that as the defence had not demanded that the list should be put in evidence, it could not have been put in evidence by the prosecution - a fact of which the learned Counsel for the prosecution showed they were well aware, for they never attempted to put the list in evidence, though sorely desiring to do so. It was therefore clear that after the dictum of the Chief Justice, it would be impossible to use the list as evidence in any enquiry conducted on strictly legal technical lines. Therefore, it was certain that a prosecution in a case like that of the Petitioner's under Section 22 of Ordinance 14 of 1887 would be embarked upon with grave danger of disaster. Since

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C 418 K bul hew of the entries contained in it had been established beyond tiny reasonable doubt in the Witchell prosecution and en- dorsed by the verdict of a jury: and had further been tested successfully in the proceedings against Osmanu & Hore by the Executive Council. It was obvious that in any case taken up against any of the remaining public officers on the list, the whole foundation of the evidence, and in the vast ajo- rity of cases the entire evidence adducible,would rest on or consist of the list of the names of the recipients of bribes from the Wa L.ne gambling house. But in the Witchell case the Chief Justice had intimated that has the defence not demanded that the list should be put in evidence, it could not have been put in evidence by the prosecution a fact of which the learn- ed Counsel for the prosecution shewed they were well aware for they never attempted to put the list in evidence though sorely aesiring to do so. It was therefore clear that after the dictum of the Chief Justice, it would be impossible to use the list as evidence in any enquiry conducted on strictly legal technical lines. Therefore it was certain that a prosecution in a case like that of the Petitioner's under section 22 of Ordinance 14 of 1887 would be embarked upon with grave dan- ger of disaster, Since

2026-05-30 05:49:28 · Baseline

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418

bul

hew

of the entries contained in it had been established beyond

tiny reasonable doubt in the Witchell prosecution and en-

dorsed by the verdict of a jury: and had further been tested

successfully in the proceedings against Osmanu & Hore by

the Executive Council.

It was obvious that in any case taken up

against any of the remaining public officers on the list,

the whole foundation of the evidence, and in the vast ajo-

rity of cases the entire evidence adducible,would rest on

or consist of the list of the names of the recipients of

bribes from the Wa L.ne gambling house.

But in the Witchell case the Chief Justice

had intimated that has the defence not demanded that the

list should be put in evidence, it could not have been put

in evidence by the prosecution a fact of which the learn-

ed Counsel for the prosecution shewed they were well aware

for they never attempted to put the list in evidence though

sorely aesiring to do so.

It was therefore clear that after the dictum

of the Chief Justice, it would be impossible to use the list

as evidence in any enquiry conducted on strictly legal

technical lines.

Therefore it was certain that a prosecution

in a case like that of the Petitioner's under section 22 of

Ordinance 14 of 1887 would be embarked upon with grave dan-

ger of disaster,

Since

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