CO129-384 - Public Offices - 1911 — Page 182

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Senior Major of the Regiment were present at the hearing. Both officers were in full uniform with their swords, but the Magistrate did not ask them to take a seat on the Bench bo- cause he regarded them in the same position / as parties to the proceedings. They wore both given seats at the coun sels' table. Similarly about two years ago a couple of pri- vates in the 105th Mahrattas were charged by the Folice with theft. When the case was called, the lagistrate asked an officer of the Lahratta Regiment, who was present, to take a seat on the Bonch. The officer then applied for a week's remand to enable the Opmanding Officer to apply to the Cen- eral for legal ag¤istance. The Magistrate granted a rand

and for a week //////at the adjourned hearing a solicitor appeared · for the prisoners. At this adjourned hoaring the Folice Lag- istrate did not ask the officer to take a seat on the bench for the same reason as that stated in the preceeding instance, but the officer was given a seat at the counsels' table.

The Chinese officer in charge of extradition pro- ceedings comes dow with the witnessos, lives in the same house with them, instructs solicitors for the prosecution and performs other matters in connection with the trial; ho is, therefore, in the position of a prosecutor, and for this reason His Excel- lency the Governor is advised that it would not be propor to invite such officer to take a seat on the bench beside the pro- siding Magistrate. He would, however, be treated in precisely the same manner as the military officers in the examples given

and be accommodated with a seat at the Counsels' table.

Youre sincerely, ad. C. Clementi.

His Honour

Mr. Wei Han,

Canton.

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