CO129-324 - Governor Nathan - 1904 [10-12] — Page 364

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

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with regard to these three men, I think one can only say that there is evidence to implicate Tung Cheong (A) in the commission of the murder, that there is some against the Captain of the Gunboat, though not so direct nor so strong, as having entered into a conspiracy to murder, while against the ex-employee of the Hongkong Police there is hardly any evidence at all. As regards the complicity of the Commander of the Canton City Guard, Li Ka Cheuk, the Hongkong Government think there is not sufficient evidence to convict, and there seems to me to be still less to produce against the deceased acting Viceroy.

Considering that the murdered man was believed by the Canton Government to be guilty of taking part in a plot to blow up the Governor's Yamen with dynamite, and that the Hongkong Police speak with confidence of his having been concerned in an abortive attempt to bring about a local rising at Huichou, it seems highly probable that even if the Canton Government consented to put these three men on their trial, they would require the strictest proof of their guilt. I notice that this opinion is expressed also by Sir Henry Blake in paragraph 5 of his Despatch of June 20th, 1899, to the Colonial Secretary, and he adds that it is not to be expected that the Chinese witnesses would dare to repeat in the presence of Chinese officials in the Courts of China, the evidence they have given in our Court at Hongkong. We might, it is true, demand permission for a British official to be present at the trial, but I am not sure that this would give sufficient confidence to the witnesses and encourage them to speak the truth fearlessly. In the case of an acquittal, however, it seems to me that we should have strengthened the belief of the sort of Chinese who hire themselves out to commit assassination that they may do it with impunity provided they take care to keep out of the reach of British Courts, and that they will be screened by the Provincial Government.

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Page 363 36 with regard to these three men, I think one can only say that there is evidence to implicate Tung Cheong (A) in the commission of the murder, that there is some against the Captain of the Gunboat, though not so direct nor so strong, as having entered into a conspiracy to murder, while against the ex-employee of the Hongkong Police there is hardly any evidence at all. As regards the complicity of the Commander of the Canton City Guard, Li Ka Cheuk, the Hongkong Government think there is not sufficient evidence to convict, and there seems to me to be still less to produce against the deceased acting Viceroy. Considering that the murdered man was believed by the Canton Government to be guilty of taking part in a plot to blow up the Governor's Yamen with dynamite, and that the Hongkong Police speak with confidence of his having been concerned in an abortive attempt to bring about a local rising at Huichou, it seems highly probable that even if the Canton Government consented to put these three men on their trial, they would require the strictest proof of their guilt. I notice that this opinion is expressed also by Sir Henry Blake in paragraph 5 of his Despatch of June 20th, 1899, to the Colonial Secretary, and he adds that it is not to be expected that the Chinese witnesses would dare to repeat in the presence of Chinese officials in the Courts of China, the evidence they have given in our Court at Hongkong. We might, it is true, demand permission for a British official to be present at the trial, but I am not sure that this would give sufficient confidence to the witnesses and encourage them to speak the truth fearlessly. In the case of an acquittal, however, it seems to me that we should have strengthened the belief of the sort of Chinese who hire themselves out to commit assassination that they may do it with impunity provided they take care to keep out of the reach of British Courts, and that they will be screened by the Provincial Government. Page 363
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} j ť at ni Jantes to07@ A 107 43 0: 31 ds Jue Amer i { }.! { ་། .. 363 36 with regard to these three ren, i think one can only say that there is evidence to splicate Tun, Cheong (A) in the ccauission of the Luruer, that there is some against the Captain of the Gunboat, though not so direct nor so strong, as having entered into a conspiracy to murder, while against the ex employe of the Hongkong Folice there is hardly any evidence at all. As regards the complicity of the Commander of the Canton City Guard, Li Ka Cheuk, the Hongkong Government think there is not sufficient evidence to convict, and there seems to me to be still less to produce ag#inst the deceased acting Viceroy. Considering that the murdered man was believ- ed by the Canton Government to be guilty of taking part in a plot to blow up the Governor's Yamen with dynamite, and that the Hong- Kong Follos speak with confidence of his having been concerned in an abortive attempt to bring about & local rising at huichou, it seers highly probable that even if the Centon Government consented to put these three men on their trial, they would re- quire the strictest proof of their guilt. I notice that this oplaton is expressed also by Sir Henry Flaxe in paragraph 5 of his Despatch of June 20th., 1809, to the Colonial Secretary, and he adds that it is not to be expected that the Chinese witnesses would dare to repeat in the presence of Chinese officials in the Courts of China, the evidence they have given in cur Court at Hongkong. We might, it is true, demand permission for a british official to be present at the trial, but I am not sure that this would give sufficient confidence to the witnesses and encourage ther to speak the truth fearlessly. In the case of an acquittal, however, it seems to me that we should have strengthened the belief of the sort of Chinese who hire themselves out to commit assassination that they may do it with impunity provided they take care to keep out of the reach of British Courts, and that they will be screened by the Provincial Government. in
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with regard to these three ren, i think one can only say that there is evidence to splicate Tun, Cheong (A) in the ccauission of the Luruer, that there is some against the Captain of the Gunboat, though not so direct nor so strong, as having entered

into a conspiracy to murder, while against the ex employe of the Hongkong Folice there is hardly any evidence at all. As regards

the complicity of the Commander of the Canton City Guard, Li Ka Cheuk, the Hongkong Government think there is not sufficient

evidence to convict, and there seems to me to be still less to

produce ag#inst the deceased acting Viceroy.

Considering that the murdered man was believ-

ed by the Canton Government to be guilty of taking part in a plot to blow up the Governor's Yamen with dynamite, and that the Hong- Kong Follos speak with confidence of his having been concerned

in an abortive attempt to bring about & local rising at huichou,

it seers highly probable that even if the Centon Government

consented to put these three men on their trial, they would re- quire the strictest proof of their guilt. I notice that this

oplaton is expressed also by Sir Henry Flaxe in paragraph 5 of his Despatch of June 20th., 1809, to the Colonial Secretary, and

he adds that it is not to be expected that the Chinese witnesses

would dare to repeat in the presence of Chinese officials in the Courts of China, the evidence they have given in cur Court at

Hongkong. We might, it is true, demand permission for a british

official to be present at the trial, but I am not sure that this would give sufficient confidence to the witnesses and encourage ther to speak the truth fearlessly. In the case of an acquittal,

however, it seems to me that we should have strengthened the

belief of the sort of Chinese who hire themselves out to commit

assassination that they may do it with impunity provided they

take care to keep out of the reach of British Courts, and that

they will be screened by the Provincial Government.

in

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