CO129-339 - Acting Governor May Governor Nathan - 1907 [1-3] — Page 363

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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Enclosure 2.

C.O.

11943

359

Remarks by the Colonial Secretary.

REGE 4 APR 07,

Paragraph.

Officers are not permitted to be represented by legal advisers before the Executive Council.

Paragraph 7.

The Petitioner has omitted to mention that Lieutenant Beckwith, R.N., Harbour Master, gave evidence before the Executive Council and in his presence on the 24th of December.

A copy of the minute, dated 7th December 1908, is enclosed in which the Crown Solicitor advised that the Statement of Lo Far, (July communicated to Mr. Guterres on the 17th of December last,) might be produced before the Council.

It is not the practice to supply Officers who are brought before the Executive Council with a copy of the evidence given at the hearing.

Paragraph 9 (a). The three charges described as vague were not found proven.

(c). This statement is not strictly accurate as reference to the evidence will show. But even if it were the fact remains that the Chinese witnesses in this case gave their evidence orally before the Council and in the presence of Mr. Guterres who was allowed to ask them questions in cross-examination.

The Council having heard these witnesses and Mr. Guterres's own statement in explanation, had full opportunity of considering their demeanour and that of the accused and of forming an estimate of the credibility of their evidence; in similar circumstances there would be no ground for interfering with the conclusion of a jury upon the facts of the case.

Paragraph 10. With regard to the letter from Captain Pulford I have ascertained that the S.S. "Alcinous" was in this Port from

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Enclosure 2. C.O. 11943 359 Remarks by the Colonial Secretary. REGE 4 APR 07, Paragraph. Officers are not permitted to be represented by legal advisers before the Executive Council. Paragraph 7. The Petitioner has omitted to mention that Lieutenant Beckwith, R.N., Harbour Master, gave evidence before the Executive Council and in his presence on the 24th of December. A copy of the minute, dated 7th December 1908, is enclosed in which the Crown Solicitor advised that the Statement of Lo Far, (July communicated to Mr. Guterres on the 17th of December last,) might be produced before the Council. It is not the practice to supply Officers who are brought before the Executive Council with a copy of the evidence given at the hearing. Paragraph 9 (a). The three charges described as vague were not found proven. (c). This statement is not strictly accurate as reference to the evidence will show. But even if it were the fact remains that the Chinese witnesses in this case gave their evidence orally before the Council and in the presence of Mr. Guterres who was allowed to ask them questions in cross-examination. The Council having heard these witnesses and Mr. Guterres's own statement in explanation, had full opportunity of considering their demeanour and that of the accused and of forming an estimate of the credibility of their evidence; in similar circumstances there would be no ground for interfering with the conclusion of a jury upon the facts of the case. Paragraph 10. With regard to the letter from Captain Pulford I have ascertained that the S.S. "Alcinous" was in this Port from
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*nclosure 2. C. O. 11943 359 Remarks by the Colonial Secraft. REGE 4 APR 07, Paragraph . Officers are not permitted to be represented by legal advisers before the Executive Council. Paragraph. 7. The Petitioner has omitted to mention that Lieutenant Feckwith, H.N., Harbour Vaster, gave evidence before the Executive Council and in his presence on the 24th. of December. A copy of the minute, dated 7th. Decen ber, 1908, is enclosed in which the Crown Solicitor advised that the State- -ment of Lo Far, (July communicated to Mr. Guterres on the 17th. of December last,) might be produced before the Council. It is not the practice to supply Officers who are orought before the executive Counc11 with a copy of the evidence 2ive at the bearing. Paragraph 9 (a). The three charges described as vague were not found proven. (c). This statement is not strictly accurate as reference to the evidence will show. But even if it were the fact retains that the Chinese witnesses in this case gave their evidence orally before the Council and in the presence of Mr. Guterres who was allowed to ask ther questions in cross-examination. The Council having heard these witnesses and aisc kr. Guterres's own statement in explanation, had full opportunity of considering their demeanour and that of the accused and of forming an estimate of the credibility of their evidence, in similar circumstances there would be no ground for interfering with the conclusion of a jury upon the facts of the case. Paragraph 10. With regard to the letter from Captain Pulford I have ascertained that the S.S. "Alcinous" was in this Port from
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*nclosure 2.

C. O.

11943

359

Remarks by the Colonial Secraft.

REGE 4 APR 07,

Paragraph .

Officers are not permitted to be represented

by legal advisers before the Executive Council.

Paragraph. 7.

The Petitioner has omitted to mention that

Lieutenant Feckwith, H.N., Harbour Vaster, gave evidence before the

Executive Council and in his presence on the 24th. of December.

A copy of the minute, dated 7th. Decen ber,

1908, is enclosed in which the Crown Solicitor advised that the State-

-ment of Lo Far, (July communicated to Mr. Guterres on the 17th. of

December last,) might be produced before the Council.

It is not the practice to supply Officers who

are orought before the executive Counc11 with a copy of the evidence

2ive at the bearing.

Paragraph 9 (a). The three charges described as vague were not

found proven.

(c). This statement is not strictly accurate as

reference to the evidence will show. But even if it were the fact

retains that the Chinese witnesses in this case gave their evidence

orally before the Council and in the presence of Mr. Guterres who was

allowed to ask ther questions in cross-examination.

The Council having heard these witnesses and

aisc kr. Guterres's own statement in explanation, had full opportunity of considering their demeanour and that of the accused and of forming an

estimate of the credibility of their evidence, in similar circumstances

there would be no ground for interfering with the conclusion of a jury

upon the facts of the case.

Paragraph 10. With regard to the letter from Captain

Pulford I have ascertained that the S.S. "Alcinous" was in this Port

from

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