SUPREME COURT.
March 12, 1868 1869
REGINA v. SAINT.
(18)
sometimes, I fear, the regulations have been evaded. This example having been shewn her by England, Portugal authorized Emigration from Macao under somewhat similar regulations.
Ex Officio Information by Acting Attorney General (Ball.)
RE LIZEL ON AMARÁ L.
JUDGEMENT ON DEMURER.
The Chief Justice (Sinale) took his seat at 10 o'clock, having previously announced that he would this day deliver his judgment in the demurrer in the case of Regina v. Saint.
The legal representatives of the parties having appeared (as also several others interested in the proceedings) His Lordship proceeded to deliver judgment.
The Judgment is as follows:-
The irregularities-the cruelties, as some persons called them-of the Macao coolie trade excited indignation and horror in the minds of some humble and sensitive persons, whilst gentlemen of rank and estimation, seeing in the traffic nothing wrong, either took part in, or encouraged, or did not discourage it.
A demurrer by the Acting Attorney General Ball to the special plea whereby the Defendant justified the Libel in respect of which this ex officio information had been filed, not having been, as is usual, set down by the Attorney General, was by the Defendant adversely set down for argument before me.
The argument on the Demurrer occupied the whole of the 10th, 12th, and 13th days of February last.
Situated as we are in the East, the Chinese do not well distinguish between the different nationalities of Europeans. We all suffer or benefit by the conduct of each nationality, and even of each individual.
Questions of the gravest nature raised on behalf of the Attorney General and for the Defendant-questions far too grave to be raised or properly disposed of in this small Colony, this little Ultima Thule, where there are neither the books nor the authorities proper for the decision of such questions.
I conceive therefore that the due and temperate discussion by the press of the conduct of the Governments and people of Macao and of Portugal, and the pointing out of errors or wrongs, or supposed errors or wrongs, in their proceedings in reference to the Chinese and their emigration, is for the public benefit.
I shall assume the proposition that discussions, the subject of the alleged libel, are for the public benefit.
Exercising what I hold to be its indisputable right, and if with moderation, performing its undoubted duty, the public press of this Colony has criticised the proceedings at Macao and elsewhere along the Chinese coast in reference to the whole of the Coolie "Emigration" Traffic.
There was I believe at the time no newspaper published at Macao save the Government Gazette.
The Defendant has been for some time and still is the sole proprietor of the China Mail, a daily newspaper published in this Colony.
An article appeared in that newspaper of the 5th of May last, and another article in the publication of the 8th of that month.
I will read both articles disencumbered of the innuendoes:
"Suppressio Veri at Macao,-Curious rumours are floating about respecting Macao and the action taken by the Portuguese Government regarding the recent
Notes by the Attorney General
141
The newspaper articles complained of are not exposed because they seek to expose any abuses of the Coolie trade, but on account of the personal charges of venality, severity and corruption against the Macao Authorities.
The Authorities themselves were willing to drop the proceedings if Mr. Saint (the Defendant) would publicly retract those charges, but he distinctly refused to do so unless they paid all his costs.