THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 14. 1941. 1745
Mr. SHELDON replied that he had given his reasons for not granting
an adjournment and discharging Defendant,.........
2. Is Government aware----
(a) That the defendant was arrested on the 13th September, 1941.
(b) That he had to find $20,000 for bail before he could be released
on bail on Monday, the 15th September, 1941? and
(c) That he was not released and discharged until the 3rd October,
1941 ?
3. Who was the official who gave the instructions on which Mr. SHAFTAIN
acted?
4. Before the prosecution was instituted, had the case been submitted for
advice to a law officer of the Crown, and, if not, why not?
5. If the case had been submitted to a law officer of the Crown, were the instructions given to Mr. SHAFTAIN in accordance with the advice of such law officer?
6. Does Government consider that it was right and proper to initiate a prosecution in which the prosecuting officer knew that within a few moments of the case being heard it would "automatically collapse"?
The Colonial Secretary replied as follows:-
1. Yes.
2. The facts stated in the second question are accurate.
3. The instructions to Mr. SHAFTAIN to institute proceedings were given by the solicitors to the Commission of Inquiry. Mr. SHAFTAIN was however in touch with the law officers of the Crown on the evening of the 2nd October with reference to a matter which is not contained in the summary given in the first question.
4. The answer to the fourth is that the prosecution was instituted by the
Commission and its advisers without reference to the law officers.
5. The fifth question does not therefore arise.
6. The sixth question is not in order, since it seeks to obtain an expression of opinion, but it may be observed that the prosecution was initiated on the 13th September and that Mr. SHAFTAIN'S opinion that it would collapse was not expressed until the 3rd October.
Arising out of the reply to question 3 the Hon. Mr. Lo MAN-KAM, C.B.E.,
gave notice of the following question :----
May I ask as a point of fact whether solicitors to the Commission had authority to instruct Mr. SHAFTAIN to institute the proceedings?
REPORT OF THE FINANCE COMMITTEE.
6. The Colonial Secretary laid on the table the Report of the Finance Committee (No. 3 of 1941-42), dated 9th October, 1941, and moved its adoption. The Financial Secretary seconded.
Question-put and agreed to.
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