CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 529

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

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526

the authorities. Have you any case on all fours with that where

such a gathering was held to be an unlawful assembly. Mr.Shenton. The definition itself practically carries us as fer.

Hia Worship, I am taking the second part of the definition which

was the sub-head en which you rested your case. Let us assume they

intended to meva aut peacefully if they possibly could: lot us

assume that no one en the read apprehended violence from them.

Are they an unlawful assembly merely because the pelics apprehended

violence if they interfered with them?

Mr. Shenton. The real crux of the case is the position of that

assembly immediately befere the firing took place. That the Jury

have to consider is what was the state of that assombly when the

firing took place. They were an unlawful assembly from the vary

begiming because they intended to carry out a common purpose

netwithstanding my opposition they might nost,but I think I should

have some difficulty in satisfying Your Worship that the crowd,

when they started from the Pe Hing theatre actually contemplated an

assault on the pelico. They ultimately came to that conclusion

undoubtedly when they met opposition. My strongest position is

under the second definition "An sogembly .....to carry out any

common purpose,lawful or unlawful,in such a manner as to give fir

and omrageous persons in the neighbourhood reasonable ground to

apprehend a breach of the pesos"

t

His Worship. The were the persons who had that rạn senable ground?

Mr. Shenten. The police.

His Worship, Have you à onge of that kind man where the only

persons who had this syprehension were the police?

Mr. Shenton. The nesrost oase 18 Rex.v Mn Naughton,

Hie

ership. In that case the crewd were volunteering vielenco, In

this onse the orewd volunteered ne vielence. That is the differenco

between the two cases.

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