308
of Commerce, a body of leading Chinese of high standing in the Colony, who unanimously pronounced them forgeries. Both the alleged forgery and the alleged fraud had been the subject of strong animadversions by the Chief Justice and the Full Court of Appeal in the winding up proceedings, and the Court had expressed the view that the case was sur- rounded with so much suspicion that it pre-eminently re- quired investigation. The Counsel (Mr. E. H. Sharp, K.C., and Mr. F. C. Jenkin) for the Official Receiver shared the latter's belief that the charges were well founded. In these circumstances I had a conference with the Attorney- General and Mr. Sharp with the result that I decided to institute criminal proceedings against two of the defend- ants on a charge of conspiracy to defraud and Mr. F. C. Jenkin was instructed for the purpose together with Messrs. Hastings and Hastings, Solicitors. This firm were the Solicitors for the Plaintiff in the Civil proceedings. Mr. Sharp had been appointed to be Chairmen of the Military Service Commission and had generously abandoned the case in order to devote the whole of his time to the Commission.
4.
An application was thereupon made to the Full Court to stay the Civil action. The Court granted the Plaintiff an adjournment of 1 month to enable him to make a further attempt to obtain funds wherewith to contin- -ue the Civil action but intimated strongly that in their opinion the Crown ought not to go on with the Criminal proceedings until the conclusion, one way or the other, of the Civil action.
5.
A further adjournment was subsequently granted by the Court owing to the illness of Mr. F. C. Jenkin. In the meantime I authorised the Plaintiff to retein Mr. H. E. Pollock, K.C., to replace Mr. Sharp, and on the expiry of the second adjournment the Attorney-Gen-
eral, in pursuance of directions from me, made to the Full
Court
No comments yet.
Private notes are available after approval.