September 15, 1897.]
staff bribe-distributers, and a list is kept of the persons on whose account bribes are paid, but it does not at all follow that the money ever reaches the persons against whose names the entries are made. If the money is demanded the bribe-distributer pays it over; if not, he puts it in his own pocket, and it is to his interest to make the list as long as possible. So in the pre- sent case, if any of the
persons whose names are entered in the book wanted the money it would be at their disposal, and no do ibt some would want it, but it is permis- sible to hope that some at least knew nothing about it, never looked for it, and never got it. In fact this theory has been accepted in part, for in connection with certain distinguished persons whose names appear it is assumed as a matter of course, no no doubt correctly that the money was t iken as a perquisite by their servants, or at all events that it never reached the mister's hands, whereas in the case of the police officers it would seem that the appearance of their names in the book is to be taken as damning evidence of guilt.
a
II.
Referring to the dismissed police officers, the China Mail still maintains that abstract justice has nothing to do with the
CHINA OVERLAND TRADE REPORT.
GAMATION OF OFFICES.
215
Failure to discover a particular gambling | RETRENCHMENT AND THE AMAL- house is an obviously absurd charge upon which to sentence an officer to dismissal
When the Retrenchment Committee recom and forfeiture of pension. The medical staff might as well have been dismissed for failure mended the amalgamation of various offices to discover the plague on its first introduc- the idea commended itself alike to the tion to the colony in 1894. Men may fail to Government and the public. The service discover anything and it is utopian to suppose was overmanned and what better way could that we shall ever have a Police Force of such. be found of reducing it than taking ad- perfection that no crime will remain unlis-vantages of vacancies as they occurred to covered. In fact the Captain Superinten- unite two or more offices in one man, dent himself might as well be dismissed for so as to afford him an opportunity of use failure to discover the corruption that was fully employing the time that was hanging going on in the Force and of which he knew heavily on his hands? Perhaps we may be nothing until it was brought to his notice accused of inconsistency in now questioning the wisdom of this course, but we attach po by direct information. If, however, it can be shown that there has been genuine value to consistency in error, and recent neglect of duty on the part of the events have demonstrated that the policy, dismissed officers, a culpable lack of in regard to some offices at all events, may vigilance, but without guilty connivance be attended with serious disadvantage. with crime, and the offence is held to require a substantial penalty, the officers concerned might be adequately punished by the loss of a certain number of years' seniority of rank or compulsory retirement on a reduced pension. If there were any legal technicalities in the way of a rational
treatment of the cases, which we do not believe there are, the difficulties could be overcome by passing a special Ordinance, which the Government could obtain any afternoon it chose to call the Legislative Council together.
hundred dollars, and in default of payment thereof be imprisoned with or without hard labour for any term not exceeding six months. Then comes section 24, which pro- vides that the Governor may dismiss upon the representation of the Captain Superintendent Is not that an additional, not a substituted, power? It may be argued that the men should first be taken be ore the Magistrate and that then, in the event of conviction, the Governor may, on the representation of the Captain Superinten lent, dismiss them. In some cases it might be deeme that the punishment by the Magistrate sufficiently purged the offence, while in others it might be deemed undesirable that the offender should con- tinue,in the Force. It may be to meet the latter class of cases that section 24 is provided; and that before it can be brought into opera
or is it necessarily attended with economy. Take as an instance the offices of Colonial Secretary and Registrar-General, which are united in the person of the Hon. J. H. STEWART LOCKHART. To get through the work he requires an Assistant Colonial Secre tary and an Assistant Registrar-General, so
The Government has got itself into
that we have three men to do work which very painful
from predicament,
would not be at all too much for two. To which it must extricate itself at any cost
have one man holding the office of Colonial of private mortification or wounde I self-es- teem. We sympathise with Mr. MAY, who
Secretary and another that of Registrar- General, each doing his own work without has been placed in a radically file
the aid of an Assistant Head, would be a position. We sympathis also with H.E.
Indeed, if the question of law be gone better arrangement. The Colonial Secre- the Governor, that in the dosing maths of
into it is doubtful whether the whole of the|tary in particular should be required to his administration and on the ev of his re-
devote his whole time to the duties of that tirement from the service hoshall have such proceedings thus far taken against the men
are not absolutely illegal ab initio. Section particular office. This is necessary nu aç an unpleasant case to deal with. We e sym- pathise, too, with His Excellency's im.ne-li-22 of the Police Ordinance provides that count of the importance and responsibility of the post, if not on account of the actual ate advisors, why mas now rebgaise the whenever any subordinate officer or con-
amount of the routine work. Then with re- unsoualues of the alvice they have stable shall be guilty of any neglect or
violation of duty he shall, upon conviction gard to the Captain Superintendent of Po- given if what has been done is in accordance
thereof beforea Magistrate in a summary man-lice, who has nearly seven hundred men therewith. We look to them; however, one and all, to perform their duty, however pain-ner, forfeit and pay a sum not exceeding two under his charge-over whom he exercises ful it may be, and maint in the honourable
disciplinary powers far in excess of those en- trusted to any officer in Her Majesty's mili traditions of the service to which they be
tary forces-it would appear that with the long.
arrangement of the duties, the attention to be bestowed on the criminal investigation department, and the regular orderly room work, the occupant of the post would not have a great deal of spare time on his hands. If towns in England of less magnitude case. There are, however, not many, even
than Hongkong and not possessing such a in official circles, who coincide with
large criminal population are held to re- our contemporary. It is generally recog-
quire the undivided services of a chief con- nised that a mistake has been made and that
stable we should say that still more so it must be rectified as far as possible. Apart,
would that be the case here. And when however, from the question of justice,
to the duties of Captain Superintendent of the interest of the public and the interest
Police are added those of Superintendent of the officials are at one in denandling that
of the Fire Brigade and those of a member dismissals from the public service should be
of the Executive and Legislative Councils made only on good and sufficient grounds
and Sanitary Board, what time can the substantiated by evidence. Dismissal on
holder of the appointment possibly have the ground of moral certainty of guilt, with
to devote to the duties of his other. out adequate proof, would establish a per-
appointment as Superintendent of the nicious and dangerous precedent which
for the imposition of a fine of $200 Gaol? The adequate discharge of such might in future be invoked to the prejudice it is absurd to suppose that a fine of ten or multifarious duties by one man would require of officials of any department or rank, and
fifteen thousand dollars, the capitalised almost supernatural powers. And while all insecurity in the tenure of office is notor- value of a pension, can be inflicted without these duties are piled on to Mr. MAY, an iously conducive to abuses of all descrip-trial; and, moreover, if the evidence against energetic and capable officer like Captain tions. The official members of the Execu- the accusel men was not deemed strong HASTINGS is allowed to devote all his time to tive Council, when they come to deal with enough to take hem before the Magistrate the office of Assistant Harbour Master. Now this matter again, will no doubt be mindful for the imposition of a $200 fine it would it has been conclusively proved that the that the passage of Scripture, "For with
not be strong et ugh to justify the heavier Harbour Master does not require an assist- "what judgment ye judge, ye shall be penalty. There is also the question raised ant; if the assistant does the work there "judged: and with what measure ye mete, by our correspondent Runnymede" as to is nothing for the Harbour Master to "it shall be measured to you again," may whether the lice Ordinance does in do, and vice versa, for there is not be capable of literal fulfilment in their fact override the Colonial Office re-work enough for both of them. If it be
justicegulations prescribing own case, and that not only
the course to but expediency also demands that the be followed in interdiction, suspension, same. measure of fair play should be and dismissal. If it does so it is not meted out to the suspected members of the in express term, but only constructively. Police Force that each one of the hon. Assuming that the Ordinance does override gentlemen would expect for himself were a the Regulations the spirit of the latter ought charge of dereliction of duty brought against still to be taken as a guide in proceedings him.
under the Ordi»auce:
a
tion there must be a conviction before Magistrate. This seems probable, because if a conviction by a Magistrate is neces-
sary
41
fleemned desirable to maintain the office- of Assistant Harbour Master in order to have always ready a competent locum tenens when the Head of the Department is absent on leave, it would seem that when his services are not required in that capacity they might be advantageously utilised in other depart ments, as, for instance, as Superintendent of
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