CO129-278 - Governor Sir Robinson - 1897 [11-12] — Page 430

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

426

the general public, as well as those of the policeman concerned, are to be considered and it may well be doubted whether in a service such as the Police in a Crown Colony, especially where Asiatics form the bulk of the community, it would be a gain to the Colony generally to provide that no man should be dismissed from the Police unless an actual crime had been legally proved against him in a Court of Law.

In the present case the Petitioner disclaims any charge of unfair conduct on the part of the Captain Superintendent, the only thing which, in my opinion, would justify his challenging the departmental enquiry and appears to make it a grievance that the Crown Solicitor should have been directed by the Government to assist at the investigation. I (the Crown Solicitor) was not present in any sense as a prosecutor, but having examined the principal Chinese witnesses in former cases and the books and accounts of the gambling house, having prosecuted Tan Yin in the Police Court and having instructed counsel in the case against Inspector Witchell I was naturally in a position to assist especially by referring to the books and accounts. The Petitioner does not suggest that I acted unfairly and, speaking for myself, I can only say that I had not the slightest ill feeling against the Petitioner and could I have conscientiously recommended that he should have been continued in his office

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426 the general public, as well as those of the policeman concerned, are to be considered and it may well be doubted whether in a service such as the Police in a Crown Colony, especially where Asiatics form the bulk of the community, it would be a gain to the Colony generally to provide that no man should be dismissed from the Police unless an actual crime had been legally proved against him in a Court of Law. In the present case the Petitioner disclaims any charge of unfair conduct on the part of the Captain Superintendent, the only thing which, in my opinion, would justify his challenging the departmental enquiry and appears to make it a grievance that the Crown Solicitor should have been directed by the Government to assist at the investigation. I (the Crown Solicitor) was not present in any sense as a prosecutor, but having examined the principal Chinese witnesses in former cases and the books and accounts of the gambling house, having prosecuted Tan Yin in the Police Court and having instructed counsel in the case against Inspector Witchell I was naturally in a position to assist especially by referring to the books and accounts. The Petitioner does not suggest that I acted unfairly and, speaking for myself, I can only say that I had not the slightest ill feeling against the Petitioner and could I have conscientiously recommended that he should have been continued in his office

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426 the general public, as well as those of the policeman con- cerned, are to be considered and it may well be doubted whe- ther in a service such as the Police in a Crown Colony, espe cially where Asiatics form the bulk of the community,it would be a gain to the Colony generally to provide that no man shotlu be dismissed from the Police unless an actual crime had been legally proved against him in a Court of Law. In the present case the Petitioner aisclaims any charge of unfair conduct on the part of the Captain Superintendent, the only thing which, in my opinion, would jus- tify his challenging the departmental enquiry and appears to make it a grievance that the Crown Solicitor should have been directed by the Government to assist at the investiga- tion. I (the Crown Solicitor) was not present in any sense as a prosecutor,but having examined the principal Chinese witnesses in former cases and the books and accounts of the gambling house, having prosecuted than Yin in the Police Court and having instructed counsel in the case against Inspector Witchell I was naturally in a position to assist especially by referring to the books and accounts. The Peti- tioner does not suggest that I acted unfairly and, speaking for myself, I can only say that I had not the slightest ill feeling against the Petitioner anu could I have conscienti- ously recommenued that he should have been continued in his office

2026-05-30 05:50:52 · Baseline

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426

the general public, as well as those of the policeman con-

cerned, are to be considered and it may well be doubted whe-

ther in a service such as the Police in a Crown Colony, espe

cially where Asiatics form the bulk of the community,it

would be a gain to the Colony generally to provide that no

man shotlu be dismissed from the Police unless an actual

crime had been legally proved against him in a Court of Law.

In the present case the Petitioner aisclaims

any charge of unfair conduct on the part of the Captain

Superintendent, the only thing which, in my opinion, would jus-

tify his challenging the departmental enquiry and appears

to make it a grievance that the Crown Solicitor should have

been directed by the Government to assist at the investiga-

tion. I (the Crown Solicitor) was not present in any sense

as a prosecutor,but having examined the principal Chinese

witnesses in former cases and the books and accounts of the

gambling house, having prosecuted than Yin in the Police

Court and having instructed counsel in the case against

Inspector Witchell I was naturally in a position to assist

especially by referring to the books and accounts. The Peti-

tioner does not suggest that I acted unfairly and, speaking

for myself, I can only say that I had not the slightest ill

feeling against the Petitioner anu could I have conscienti-

ously recommenued that he should have been continued in his

office

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