CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 524

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

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Mr.Shenten. Hay it please Your orship: Gentlemeu of the Jury:

On this inquiry, as I int'ermed you at the commencement, I am

instructed to represent the interests of the Pollos who are

comoarned in this matter. But I want to say at the extast that

it is not my desire or wish to represent any partisan view in

this inquiry. The people whom I represent are officers of the

Government whose duty it is to protect the peace of this Colony.

That spoolel duty is thrown on them and, therefore, any in uiry into the conduct at these people should, I think,be dealt with by me

as impertially so I can doel with it, leaving out, as far as I can,

any questions er argumonte which may be of a wholly partisan spirit.

The inquiry is into the death of a Chinese named Tam "hui à Piu,

îne Lirat question I de not think will cause much difficulty.

Evidently the onusu ef nis death was a bullet wound, and we do not

hara te taže sur deduotiens very much farther to come to the

conclusion that the bullet was from one of the rifles of the soldiers

fired under the sraors of Mr.King. Then,however,t vcry much more

Darieda question arises. ...as the death of Tam Shui Piu da, to

manslaughter or justifiable homicide. That is the main issue of

tai■ inquiry. There is a færther point. I de not think we have to

stretch our imaginations vory fur to satisfy curselves that Tom

Shui Fin was part of that assembly on the Taiye Road on the 3rd of

Maron, Having satislick ourselves that Tam Shai Fiu was a mombor of

that assembly two vistas open, las he an dunecent participater er

en active participuter? As far as the law is gonorrned it does not

matter whether he was up innocent er an active participater,because

the rosulte,sa far as legal principles are concerned are the come,

If you fan part of an assembly which turng cat, ultimately, on tha

omsidered legal authorities,to be an illegal #ssonbly, though you

are an imecent participuter you are,nevertheless, co-party with

that unlawful assembly. Therefera, enɑ of the main questions we have

te consider is "Had this assembly which was fired on on the Taipe

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