CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 549

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

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or, on the other hand, ite intentions may have boote inazozsiųły violont. In answering the question beforo ya ya, aro not concorrod with rovious events excopt in so far as thç30 events Corn a Loy to the ostination of the intention of the crowd at the crucial tine, It is thoir intention at the time hon the oommand to fire me given on vihloh you have to pronounce. To my mind the aver la pl 1 Unless you see reason to question the evidenco given by the European members of the police forco, 702 hem it in evid once that this or aid had already forced one polics pic.et in pursuance of its orimo, that it was advancing in a thick bunch with nožeo, that, after several minutes parlaying with "i. ing, it shoutod "Go on," and "Strike" and sɛid words, in sleet, chal.enging tho police to shoot, that it interfered with A ing's attempt to caise the ring leador and that it vea mer oh`ng as a body to over- whelm the police officers in front of it by force of numbors. To my mind this would make them clearly an mia:ful assomb ly the first portion of the definition. hilo on this point vron C like to say that it mitos no difference in law whether tho --- decision to which the acsonbly proposes to apply violaco, is in itselî lawful or unlawful. in assembly pursuing a lavil ob je ot

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is not allowed to purcue it by open force If its object is to establish rights it must establish them by lawful noms providni by the Courts, How much less than can an acsombly which has committed crimo be allowed to use open faroo in my circumotmeos ? I do not therefore find it necessary to discuss with you hat tho legal provision may, or may not,vo ben to antitle police officers to block a public road to persons leaving the Color,

To continue, once it is decided that the crowd constituted an un ful assembly, and that matter is the applicatior of the legal definition to the facts disclosed by the evidence, the citizens' right, in fact the citizens' duty, to disperse a crowd by force follows. A riot in commonlaw is an extension of unlawful assembly. One offenue morges

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