CO129-339 - Acting Governor May Governor Nathan - 1907 [1-3] — Page 559

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

287

555

and wc en IA ## CJ 2001

fpe orpol babasura vol. 146 59 Par AMK QOD' ED ATCE POWGAUL

-Opp 25. VIFC02202 [OT! PVC CONESI Spar

Jirave i nereziano at maled like ind 29ɛeonjia zedd Jeda jo

Spar r] CLOYU ITI LTSPP PO GATT pror 371 10 V» CONTY D

7

que ad fed vnit dela need of LewiJAR

TO PA Jon tik net oor ied

V POLA 1};

CONTRATON pastes of anbudbo Tube (ne GOTOVA IH JE #BATT

[19:1

3 temetic acredo cd lae mid no otra enOW

LILE mil ac m. me trevaru kalli VANJ

Have Ovis of go Loliro 2.90 evad vileJUNOLOL FINCA

edd at ere ŠI PILEONG I

X

AI

11% 2000 Carl of 165 THE GJY B、nu „OV52

JJ 401 - One!ive si meva JALS MJ at

TU JA TO

ITA DOTA SALIMOG 37 PO pre orpac 12

::

Tutzerske spsk dv

il vi deflur Jee ; J MCI JETOJU7100 JUCJJin Jasicitim ve Jud

SAT】KUO) IT #32 boulful ung nå de gratia i

fRO COMUTT WWN BLEPTUN VIER STAY TOOLE 20 G DIAN,

Criminal case, upon each subheading of the charge?

The net result would have of course been

the same as a finding of guilty upon anyone subheading based

on lawful evidence would be sufficient to justify a recommenda-

tion of dismissal.

I submit that the Council was sitting

not as a Criminal Court but as a deliberative body and that the

procedure to be followed in such cases is that of a Committee of

Council like the Judicial Committee of His Majesty's Privy

Council.

As in the Privy Council, the judgment takes

the form of a report and a recommendation and I venture to submit that the procedure followed by the Chairman in putting the

question upon the whole charge was not only wholly unobjection-

able but actually correct and regular, and that the conclusion

arrived at was the right and proper one under the circumstances.

As to the form of the notes of evidence,

I may point out that being taken verbatim by a stenographer they include of course everything that was said whether relevant or irrelevant and are quite unlike the notes taken by e.g. a Police Magistrate wherein only admissible evidence should be recorded.

These notes however were not before the

Council when it came to its decision and, as I have indicated

above, Members were fully aware that statements of payments made by a third party were not evidence against Ward when they made

their recommendation.

IT

2 LEV

.. Cv

ALL

Jacente.

-

11.0 PER Dead. li

↑ Bireya Lar

-

Jasa

wielding (itul

2nd. March, 1907.

Der Jew

(S1.) H. H. J. Gompertz,

Acting Attorney-General.

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287 555 and wc en IA ## CJ 2001 fpe orpol babasura vol. 146 59 Par AMK QOD' ED ATCE POWGAUL -Opp 25. VIFC02202 [OT! PVC CONESI Spar Jirave i nereziano at maled like ind 29ɛeonjia zedd Jeda jo Spar r] CLOYU ITI LTSPP PO GATT pror 371 10 CONTY D 7 que ad fed vnit dela need of LewiJAR TO PA Jon tik net oor ied V POLA 1}; CONTRATON pastes of anbudbo Tube (ne GOTOVA IH JE #BATT [19:1 3 temetic acredo cd lae mid no otra enOW LILE mil ac m. me trevaru kalli VANJ Have Ovis of go Loliro 2.90 evad vileJUNOLOL FINCA edd at ere ŠI PILEONG I X AI 11% 2000 Carl of 165 THE GJY B、nu „OV52 JJ 401 - One!ive si meva JALS MJ at TU JA TO ITA DOTA SALIMOG 37 PO pre orpac 12 :: Tutzerske spsk dv il vi deflur Jee ; J MCI JETOJU7100 JUCJJin Jasicitim ve Jud SAT】KUO) IT #32 boulful ung de gratia i fRO COMUTT WWN BLEPTUN VIER STAY TOOLE 20 G DIAN, Criminal case, upon each subheading of the charge? The net result would have of course been the same as a finding of guilty upon anyone subheading based on lawful evidence would be sufficient to justify a recommenda- tion of dismissal. I submit that the Council was sitting not as a Criminal Court but as a deliberative body and that the procedure to be followed in such cases is that of a Committee of Council like the Judicial Committee of His Majesty's Privy Council. As in the Privy Council, the judgment takes the form of a report and a recommendation and I venture to submit that the procedure followed by the Chairman in putting the question upon the whole charge was not only wholly unobjection- able but actually correct and regular, and that the conclusion arrived at was the right and proper one under the circumstances. As to the form of the notes of evidence, I may point out that being taken verbatim by a stenographer they include of course everything that was said whether relevant or irrelevant and are quite unlike the notes taken by e.g. a Police Magistrate wherein only admissible evidence should be recorded. These notes however were not before the Council when it came to its decision and, as I have indicated above, Members were fully aware that statements of payments made by a third party were not evidence against Ward when they made their recommendation. IT 2 LEV .. Cv ALL Jacente. - 11.0 PER Dead. li Bireya Lar - Jasa wielding (itul 2nd. March, 1907. Der Jew (S1.) H. H. J. Gompertz, Acting Attorney-General.
Baseline (Original)
287 555 and wc en IA ## CJ 2001 fpe orpol babasura vol. 146 59 Par AMK QOD' ED ATCE POWGAUL -Opp 25. VIFC02202 [OT! PVC CONESI Spar Jirave i nereziano at maled like ind 29ɛeonjia zedd Jeda jo Spar r] CLOYU ITI LTSPP PO GATT pror 371 10 CONTY D 7 que ad fed vnit dela need of LewiJAR TO PA Jon tik net oor ied V POLA 1}; CONTRATON pastes of anbudbo Tube (ne GOTOVA IH JE #BATT [19:1 3 temetic acredo cd lae mid no otra enOW LILE mil ac m. me trevaru kalli VANJ Have Ovis of go Loliro 2.90 evad vileJUNOLOL FINCA edd at ere ŠI PILEONG I X AI 11% 2000 Carl of 165 THE GJY B、nu „OV52 JJ 401 - One!ive si meva JALS MJ at TU JA TO ITA DOTA SALIMOG 37 PO pre orpac 12 :: Tutzerske spsk dv il vi deflur Jee ; J MCI JETOJU7100 JUCJJin Jasicitim ve Jud SAT】KUO) IT #32 boulful ung de gratia i fRO COMUTT WWN BLEPTUN VIER STAY TOOLE 20 G DIAN, Criminal case, upon each subheading of the charge ? The net result would have of course been the sare as a finling of guilty upon anyone subheading based on lawful evidence would be sufficient to justify a recommenda- -tion.of dismissal. I submit that the Council was sitting - not as a Criminal Court but as a deliberative body and that the procedure to be followed in such cases is that of a Committee of Council like the Judicial Committee of His Majesty's Privy Council. As in the Privy Council, the judgment taxes the form of a report and a recommendation and 1 venture to subail that the procedure followed by the Chairman in putting the question upon the whole charge was not only wholly unobjection- -able but actually correct and regular, and that the conclusion arrived at was the right and proper one under the circumstances. As to the form of the notes of evidence i may point out that being taken verbatim by a stenographer they include of course everything that was said whether relevant or irrelevant and are quite unlike the notes taken by e.g. a Police Magistrate wherein only admissible evidence should be recorded. These notes however were not before the Council when it came to its decision and, as I have indicatel above, Members were fully aware that statements of payments made by a third party were not evidence against Ward when they made their recommendation. IT 2 LEV .. Cv ALL Jacente. - 11.0 PER Dead. li Bireya Lar - Jasa wielding (itul 2nd. March, 1907. Der Jew (S1.) H. H. J. Gompertz, Acting Attorney-General.
2026-06-03 20:36:31 · Baseline
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287

555

and wc en IA ## CJ 2001

fpe orpol babasura vol. 146 59 Par AMK QOD' ED ATCE POWGAUL

-Opp 25. VIFC02202 [OT! PVC CONESI Spar

Jirave i nereziano at maled like ind 29ɛeonjia zedd Jeda jo

Spar r] CLOYU ITI LTSPP PO GATT pror 371 10 V» CONTY D

7

que ad fed vnit dela need of LewiJAR

TO PA Jon tik net oor ied

V POLA 1};

CONTRATON pastes of anbudbo Tube (ne GOTOVA IH JE #BATT

[19:1

3 temetic acredo cd lae mid no otra enOW

LILE mil ac m. me trevaru kalli VANJ

Have Ovis of go Loliro 2.90 evad vileJUNOLOL FINCA

edd at ere ŠI PILEONG I

X

AI

11% 2000 Carl of 165 THE GJY B、nu „OV52

JJ 401 - One!ive si meva JALS MJ at

TU JA TO

ITA DOTA SALIMOG 37 PO pre orpac 12

::

Tutzerske spsk dv

il vi deflur Jee ; J MCI JETOJU7100 JUCJJin Jasicitim ve Jud

SAT】KUO) IT #32 boulful ung nå de gratia i

fRO COMUTT WWN BLEPTUN VIER STAY TOOLE 20 G DIAN,

Criminal case, upon each subheading of the charge ?

The net result would have of course been

the sare as a finling of guilty upon anyone subheading based

on lawful evidence would be sufficient to justify a recommenda-

-tion.of dismissal.

I submit that the Council was sitting -

not as a Criminal Court but as a deliberative body and that the

procedure to be followed in such cases is that of a Committee of

Council like the Judicial Committee of His Majesty's Privy

Council.

As in the Privy Council, the judgment taxes

the form of a report and a recommendation and 1 venture to subail that the procedure followed by the Chairman in putting the

question upon the whole charge was not only wholly unobjection-

-able but actually correct and regular, and that the conclusion

arrived at was the right and proper one under the circumstances.

As to the form of the notes of evidence i

may point out that being taken verbatim by a stenographer they include of course everything that was said whether relevant or irrelevant and are quite unlike the notes taken by e.g. a Police Magistrate wherein only admissible evidence should be recorded.

These notes however were not before the

Council when it came to its decision and, as I have indicatel

above, Members were fully aware that statements of payments made by a third party were not evidence against Ward when they made

their recommendation.

IT

2 LEV

.. Cv

ALL

Jacente.

-

11.0 PER Dead. li

↑ Bireya Lar

-

Jasa

wielding (itul

2nd. March, 1907.

Der Jew

(S1.) H. H. J. Gompertz,

Acting Attorney-General.

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