L
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THE RECENT
STRIKE
"JUSTIFIABLE HOMICIDE.'
VERDICT IN THE TAIPO ROAD
SHOOTING AFFRAY.
The Coroner's inquiry into the Shatin shooting incident was continued at the Magistracy, on March 17th, when Mr. W. E. L. Shenton, who represented the police officers concerned in the case, fur- ther addressed the jury.
Asked by the Coroner if he had any cases in mind where the crowd had not interfered with the police, but where the police had interfered with the crowd, Shenton mentioned the case of Rev. v. MacNaughten in which the jury returned a verdict of justifiable homicide. that occasion the police fired on the
crowd.
On
The Coroner: In that case the crowd volunteered the assault on the police, but in this case the crowd did not actually volunteer to assault the police.
tion.
"
MASKEE THE GOVERNMENT.'
The Hongkong weekly PRESS &
act.
[March 25th, 922.
Shenton that Mr. King came within the The Coroner did not agree with Mr. definition which had been quoted as "the reasonable grounds to apprehend a breach person in the neighbourhood who had
whom the crowd came; not a person who of the peace." It must be a person to
was there to interfere with the crowd. The Coroner held that the assembly was but (he asked) Had they the intention a criminal conspiracy to break the law to accomplish their purpose by open force? On the jury's answer to that de pended whether they conceded or denied to the police the legal right of using force. The answer seemed plain; the crowd had already forced one police picket and had, in fact, challenged the police to shoot.
demeanour of the crowd and the conse- themselves, would clearly be a criminal quences likely to arise if the mob was not dealt with promptly: he knew that the Indian police had made a very serious show of arms at the Waterworks; he knew that revolver shots had failed, he know that his own verbal warnings in Chinese had failed. The mob was flushed with success and, if it had gone on, it would have become wild. If they had got to open country it would have taken nume- rous forces to control them and many more would have been shot. The mob would probably have attacked the houses at Fanling and the native villages.
Regarding the actual firing. Mr. Shenton suggested that the firing of one round each was the very minimum, and to be any good tue firing had to be effective. The Coroner : If they had scattered would they have been lawfully shot?
Mr. Shenton: I think they undoubted- ly would.
I am very doubtful whether any more The Coroner: Once they are scattered shooting would have been justified.,
"I do suggest to this inquiry" said Mr. Shenton said that as far as he Mr. Shenton, in concluding," that the was aware there was no other case of a police acted with the very greatest dis similar nature to the one under considera-cretion and forbearance. They acted humanely throughout and I am in this respect almost inclined to think that they went beyond what they were really entitled to do the shooting could quite properly have been done before it was done. But they used their forbearance and only ordered the firing when things had got to the stage that there was no- thing left to be done. They acted under circumstances of the greatest difficulty in the way one would expect from res ponsible officers."
Mr. Shenton submitted a number of questions which he thought the Coroner might be prepared to put to the jury and Mr. Wood replied that he should instruct the jury that it was their duty to return a verdict and that the answering of any question was entirely optional for them.
The Crown Solicitor announced that he did not desire to address the Court.
The Coroner announced that the jury had decided to visit the scene of the shooting that afternoon.
Coming to the facts of the case, Mr. Shenton addressed the jury for nearly two hours. What were the existing con- ditions at the time in the Colony? asked Mr. Shenton. There was a general strike of labour in the Colony, with wholesale intimidation of workers. One of the witnesses had said that a man had come to his master's house and said that he would be killed if he did not leave work. Another man said that he had been stopped in Queen's Road and told of the meeting at the Po Hing Theatre. This man had been told that if he did not join he would be maltreated. The con- necting link between the strike and this shooting affair was that the mob con- cerned were strikers. The Government regarded the strike as a very grave matter and passed very drastic legislation, which, in fact, took away the very liberty of the subject. The Government could conscript labour and detain persons. It closed the port and instituted an examina- tion of all vessels entering the harbour. The measures adopted were similar to those adopted by the Government at the commencement of the great war. In other words, the Colony was placed on a war footing; the military forces were actually called in to deal with the strike The assembly entirely disregarded the legislation of the Colony. In treated the legislation with contempt and in effect said "Maskee the Government; away Continuing, the Coroner remarked that with the Government orders; we will go.' the responsibility for the acts which It stabbed at the vital principles of caused this death was accepted by Mr. civilization." The breach of the law King. caused by these men was more dangerous than arson, assault on the person and cases of that nature. In fact, they openly challenged the law of the Colony and said that it had no right to exist.
"
THE FIR NG WAS DELIBERATE.
""
The inquiry was concluded on March 20th.
The Coroner (Mr. J. R. Wood) gave his summing-up and the jury returned a verdict of added a long and considered verdict on justifiable homicide" and
the circumstances of the case.
The Coroner began by expressing sym- pathy with all who suffered bereavement in this unfortunate incident. "Whatever might be the verdict, it would be a matter for regret that this page had found a place in the history of the Colony."
Was the force actually employed under the circumstances reasonable and neces- crime might amount to murder; if exces- sary? If the firing was reckless, the
sive force was used, the crime would be manslaughter. On this point he could give the jury no special help; they must put themselves in Mr. King's place and consider what, in the circumstances, they themselves would have done, remembering Mr. King's legal rights and duties; the necessity for firmness without panic; and the natural reluctance to fire on citizens. If alternative courses suggested them- selves, they must ask, was the course actually taken in fact reasonable in view of the circumstances.
The jury must not consider public order in other parts of the Colony or at other times. Mr. Shenton's remarks drawing attention to the general state of the Colony, in so far as they were made part of any justification of the use of fire arms on laipo Road on March 3rd, were mere rhetoric and wholly irrelevant. If Mr. King gave the order to fire be cause he felt that such a course would be useful in the state of public order throughout the Colony, his action was not reasonable. His duty was to restore order where he stood, with the least pos sible employment of the force at his dis- posa!. In this connection, the Coroner remarked that Mr. King only had at his disposal men armed with heavy weapons only,- -a force effective by rifle and in no other way.
The public authority which despatched a military force to perform a civil duty, of a kind that involve firing, undertook a grave responsibility.
la conclusion the Coroner summarised his remarks in the form of a number of questions which he put to the jury, for their consideration.
After a long consultation in private the jury returned into Court and gave the following verdict :-
We find that Tam Shui Pui died of the effects of a bullet fired at the instance of Deputy Superintendent King on the morning of the 3rd March, 1922; and. after most careful consideration of all the evidence that has been placed before us, our unanimous verdict is one of justifi- ab'e homicide,
We desire to have the following remarks placed on record:-
1. We consider that the crowd left the
In considering the alleged justi- fication for the action it was no part of their duty to hunt for excuses for Mr. King-rather, they should scrutinise the grounds of justification advanced for him. Justification should only be accept- by them on grounds that were clear and valid. It was reasonably clear that, at Mr. Shenton dealt at some length with made by the police officers to secure the the time of firing no attempt was being the plans for dealing with the mob. Mr. arrest of any persons in the crowd. What Po Hing Theatre with the intention of King could not foresee that the 'buses was done was done to control the crowd leaving the Co ony, knowing that it was would break down. His scheme was an and not to bring any person to justice. contrary to the law to do so, and that' excellent one and might have been It was not claimed and it was not the the disaster in question was brought en- successful but for that one fact. Mr. law that the police could have fired on tirely upon themselves by their obduracy Shenton said that Mr. King made super- any person or number of persons merely in disregarding the repeated warnings human efforts to warn the mob, but the to prevent them from crossing or attempt conveyed to them in their own language crowd was cognisant of the true facts ing to cross into Chinese territory. Nei- by Deputy Superintendent King and the and was determined to go on. Mr. ther was it the law that any police officers Inspectors and Sergeants of Police with King's order to fire was the result of who detained one of the persons could him at the time, that they would not be reasoned consideration of the general have lawfully fired on him if, after deten-permitted to continue their journey to the situation of affairs in the Colony; the tion, he had tried to escape from custody. frontier without first obtaining the neces- firing was deliberate. He also know the Firing under such circumstances taken by sary passes.
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