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THE HONGKONG WEEKLY PRESS AND
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[September 9, 1897.
RAILWAYS IN MANCHURIA.
THE DISMISSED POLICE OFFICERS. without a formal trial before an impartial | the benefit of a trial by the Executive Coun- tribunal, and in the Police Force in England,cil. The Police Inspectors, on the other although trials for misconduct are not con-hand, have had no trial by an independent With the dismissal of Inspector STANTON ducted in public, they are conducted before tribunal and no legal assistance, but have the last of the Police officers suspended in an impartial tribunal, namely, the Watch | been tried in secret by their own superior connection with the bribery scandal has Committee. The law regarding such cases officer, who was also their accuser, been disposed of and no doubt the public in Hongkong is embodied in section 24 of and who was granted the assistance would be please if they could regard such Ordinance 14 of 1887, which reads as fol- of the Crown Solicitor. If the men are a disagreeable incident as finally closed. | lows:-"The Governor shall have power guilty of having received bribes they deserve There are, however, two questions that
upon the representation of the Captain no sympathy, but in the cases dealt with by irresistably suggest themselves, namely,
Superintendent to dismiss any subordinate the Captain Superintendent of Police only whether the men have had a fair trial,
"officer or constable for misconduct or one man has been convicted of that offence, and, secondly, whether action is to be taken
neglect of duty, or to approve of the re- the others being convicted simply of neglect with regard to the other officers whose
duction of any sergeant or constable to a of duty. Unless that neglect was with names were prominently mentioned in the "lower grade or class in the Force." That guilty knowledge and for a guilty purpose WITCHELL trial. It will be convenient section, it will be observed, does not throw we do not hesitate to describe the punish- to deal with the second question first. In upon the Governor any obligation to inquirement inflicted as excessive. That justice the course of the proceedings against into the matter for himself or even to see the has not been quite even would appear from Inspector WICHELL Mr. J. J. FRANCIS, accused; he may act simply ou the papers the fact that no distinction has been made Q.C., who appeared with the Attorney placed before him. That leaves the Captain in the punishment of the man convicted of General for the Crown, said "Questions Superintendent virtually in the position of having received bribes and that of those were asked in reference to 89 [Inspector a military court-martial, whose finding and convicted of simple neglect of duty. Im- "MANN] and 91 [Acting Inspector HALL]. sentence are subject to the approval or portant as it is that corruption should be I want to show that they were in receipt disapproval of the General Officer Comman-rooted out of the Public Service it is not of bribes and that there is no reason why, ding, the recommendation the Captain Super-less important that justice should be ad- "the entries should be looked upon as intendent makes bring equivalent to a finding ministered with all reasonable precautions "absurdities." Thereupon the Chief Justice and sentence. In the recent cases the Captain against its possible miscarriage. said-It came out in evidence that they Superintendent had the assistance of the "had been formerly in connection with Crown Solicitor in his investigations, and "the Central district and therefore I shall
no one would dream of doubting the desire put it to the jury that they might or of these two officers to be impartial or their In their last piece goods trade report might not have received bribes." The ability to sift evidence. Still the fhet re- Messrs. NOEL, MURRAY & CO., of Shanghai, Attorney-General followed this up by mains that the Captain Superintendent was say that a serious obstacle is gradually being mentioning that his learned friend (Mr. at once the accuser auf julge, an arrange-built up that threatens to usurp the Eng- ROBINSON) had introduced Nos. 89 and 91
ment repugnant to the whole theory of lish and American trade in the Northern with a view of showing that those persons British justice. To Mr. MAY personally the provinces. "This is the quiet but steady were stationed at other places. The Attorney-duty must have been a painful one, for he
"advance of the Russians into Manchuria. General proceeded-"He therefore put me takes a sincere interest in the Force and all While the two nations most concerned, "to the rather painful task of asking its members, and at one point in the from a commercial point of view, are "whether both these men were not in charge WrroHELLtrial his feelings almost overcame apparently quite indifferent, she is "of these gambling districts before they went him. Both in the interest of the Captain slowly but surely absorbing her troops
to their present stations. I stopped there. Superintendent and the officers of the Force, "and has already there กฏ If
army of my learned friend says it is absolutely therefore, it would be well that in serious "80,000 men, while Russian steamers certain that it cannot be right, I say that cases the investigation should be conducted are ruining on the river as far as such an argument is fallacious and I shall by some independent tribunal equivalent.
"Kirin. China is under her thumb and "have to show that the men did receive to the Watch Committee in municipalities at "dare not move, and the treaties made, "bribes." His Lordship was also evidently home. It is especially unfortunate, we think, 'or pending, between Russia, France, and strongly under the impression that the re-. that a commission was not appointed to deal ceipt of bribes by No. 89 and 91 might be with the recent bribery cases. proved, as the Crown alleged, as in his have seen above, mistakes were made with summing up he made the following remark: regard to MANN and HALL, and mistakes "The names of Inspector MANN and may equally have been made with regard Acting Inspector HALL appeared in the to some or all of the other officers. books and the defence asked the jury to say that the list could not be accepted as genuine because these two men were not "stationed in the gambling sections. But "both men had been in the Central District "and it also appeared that they were still in the colony. Therefore the conclusion was that it was not impossible or not highly improbable or absurd that their names should be in the list. They might "have been receiving bribes or they might "not, but the jury were not charged with "that issue." It is impossible to think that his Lordship would have made such a state- ment without very carefully bearing in mind what the Crown had said. But MANN and HALL have not yet been suspended and t is a legitimate inference that it is not in- tended to take action against them. In that case a public apology is due to those two men, who were more prominently mentioned than any other officers in the trial of WITCHELL and who have had their characters publicly besmirched in a criminal gurt. Justice should be done to them and to the public, in whose eyes they must, in the absence of a formal withdrawal of the charges made, be deemed unworthy of confidence.
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In considering whether justice has been done to the officers who have been dismissed special regard must be had to the char- acter of their trial. In the Army no man can be dismissed or reduced in rank
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II.
As we
Germany, as recently reported by Reuter, "have a significance that Anglo-Saxong in- "terested in this part of the world had best "beware of without delay." We would like a little explanation from the writers of the report as to the real meaning of the above extract. Is it that British and The powers Mr. MAY has been called upon American goods cannot compete with to exercise in connection with the recent trial Russian goods on even terms, or that of police officers are too great to be entrusted the predicted acquisition of Manchuria by to any one man, however conscientious or Russia will result in a prohibitive tariff however able, and when the matter comes being set up? We can hardly suppose the to the notice of the Secretary of State, and, former is the correct meaning, and as to the as it probably will, to be discussed in Parlia- latter, merchants of all the treaty powers ment, it can hardly be doubted that those are at present on an equal footing and likely powers will be largely curtailed and that to remain so. Russia would no doubt like the position of an Inspector of Police in to absorb Manchuria, and if opportunity Hongkong will be rendered at least as offers she will be found ready to take ad- secure as that of a sergeant in the army, vantage of it, but we do pot discern in who can only be reduced in rank on the the existing circumstances any immediate verdict of a Garrison Court Martial, on which menace to the trade of other nations. On no officer of his own regiment is allowed to the contrary the development of the province sit, or that of a Sanitary Inspector in the ought to lead to a large expansion of trade, Hongkong Civil Service, who is entitled to and any privileges that may be secuted by be tried by the Executive Council. Com-Russia will under the favoured nation pare the proceedings in the recent case of clause inure equally to the benefit of all. Sergeant FETTER, of the West Yorkshire | Trade, however, will naturally follow the Regiment, with those against the Police easiest routes, and the establishment of Inspectors. Sergeant FETTER, when charged railway communication will with receiving an illegal gratification in his
necessarily cause some diversion of traffic; but to cry capacity of Canteen Sergeant, had an open over that would be as absurd as the trial before a Court composed of officers of Chinese opposition to great improvements other corps than his own, and he was that may incidentally affect some small allowed to retain the able assistance local interests, as for instance, the opposition of Mr. J. J. FRANCIS, Q.C., who cross- to steam navigation on the inland water- examined the officer commanding the ways because it is feared it would take away Regiment at the time. Inspector HORE, of the living of the boatmen. Foreigners in the Sanitary Department," when charged China cannot with any dignity oppose in connection with the bribery scandal, had any particular railway in China be-
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