CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 526

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firing en a meb because, unfortunately, from time irmanorial, every judge before whom this questi mu ms been brought, has, as far 08 possible,bagged the question and has passed it off in this way, that each cube must be judged on its own facts:that you cannot lay down sny definite principles under which a mob can be fired at. Ten have to take the acts in angh particular case and then any "On these facte, was the wiring justified". One would rather hope to find legal diota of a direct and cogent nature se that one might say "Fell,hore it 16:when you get to this point you are entitled to fire" But such are not found in any legal authorities. There is no cortain definite point at which one could say one was entitled to fire.

The man who directs the fire has to take inte consideration the

circumstances and use his discretion. And afterwards it is far an inquiry such as this to say that he was justified in what he did.

Mr.Shanten then quoted any authorities to shew the law concerning unlawful and rioteus assemblies and to establish the fat that

various offences hæð been committed by the assembly on the Taipp Read. As regards an malawiul assembly 'r,Shenten dircoted the

attention of the in uiry to the time immediately preceding the firing: be the attitude of the mab than: That in his eṛinien

was the crucial time.

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Authorities quoted were Halsbury Vel.9

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Vol 16.Cox Cormorfial Cases. P.420 Six State Trials. New Series 7,811

* p 469

10

D 470

11

P 471

D 473

Rex v Cumingham Graham & Burna Regina v Ernest Jones.

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T illienė and Varnen

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▼ Vincent

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9 Carrington &Payne...p.451,432, 435.

Queen ▼ Holi:ughten

14 Oax Criminal Law Games...p 578

Field v Metropolitan Police

9 Carrington & Fayne

Regina v Nesle

Halsbury Vol 9 PP 475,474,296.

Three State Trials...p 3,p543.

|I Halos „Plans of the draw. p.481

Tel.I of the Ordinances of Hongkong. P.1120.Authority of Police to xxs

Archibela 25th.id. p 369,

I East.Plons of the Crevm p304,

RIT CBT.

Halsbury Vel.9 p576. Diooy's Law of Cen-titution. pp513,515

523

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