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Q. Do you know whether the Police authorities make any preliminary investiga- tion before they bring the case before the Magistrate ?
A.--I should say they certainly did. They hear the complaint which is made, and caution the prisoner and ask him if he has anything to say. If he makes any state- ment it is taken down in writing.
Q.--Why do you object to the preliminary examination by the Pó Léung Kuk ?
A. The Police inspectors are sworn in and submit themselves to examination and cross-examination on the history of the case when it comes before the Magistrate, without any difficulty. In cases where there is a preliminary examination before the Pó Léung Kuk or the Registrar General there is no enquiry possible into the original investigation. The parties do not appear to be examined or cross-examined.
Q. The Magistrate can summon the parties if he likes?
A. He can do so, but it would be taking responsible officials from their duties, and they would not know whom to ask or call.
Q. Do you know a case where it might be necessary to send to the Pó Léung Kuk or the Registrar General and examine them?
A. I have done so. I have sent for the Registrar General. It gives a great deal of trouble and necessitates remands for one has to suit the convenience of all parties with regard to time. It seems to me to be quite unnecessary. I don't see why the present preliminary proceedings are necessary. There are the Police for the purpose. I do not know why the work should not be done by them. It is not as though these detectives of the Pó Léung Kuk traced any particular crime. They simply arrest the parties instead of the Police.
Q. Is not that detective work?
A.—They hear that a man is on a steamer and the detective arrests him and brings him up if he thinks it is a likely case.
Honourable F. H. MAY.--Do you mean to say that when a person is arrested by a Pó Léung Kuk detective the first man he should be brought before is the Police inspector?
A. Yes, that is what I say.
Honourable C. P. CHATER.-And thence to the Magistrate ?
A. Yes.
Honourable Ho KAI.-Is not that the way in which it is done?
A. No, he is first taken before the Pó Léung Kuk, and that affects the case, it affects the history of the case.
The CHAIRMAN.-Does it affect the facts ?
A. The case does not come to the Magistrate in direct freshness. If a man is arrested on a charge he ought to be taken to an inspector of Police and charged, not taken first to some outside body to ascertain whether there is a charge or not.
Honourable T. H. WHITEHEAD. In the evidence which I read from the extract of some Police Court proceedings it is clearly laid down that the Pó Leung Kuk has judicial powers.
A. Yes, it exercises judicial powers.
Q.--And you are of opinion that instead of the Society exercising those powers they should be exercised by the Police?
A.--I am.
Q.-That the dual control of crime tends to make its detection less complete? A.--I should say so.
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