14
C. S. O. No. 147.
HONGKONG, 16TH JANUARY, 1869.
(Received 16th January.)
LIBEL,
ATTORNEY GENERAL,
(HON. J. PAUNCEFOTE,)
to
COLONIAL SECRETARY,
(Hon. J. G. AUSTIN.)
REG. v. SAINT.
Summary of proceedings in, to date.
Opinions of Governor and Members of Execu-
tive Council.
Reference to Macao Government,
[7]
Further Memo, by the Attorney General.
185
On Monday, the 1st instant, I proceeded to Macao and waited upon II. E. Governor De Souza. He appeared to understand clearly the state of the case from a perusal of the official papers transinitted to him by this Government. He stated that the Macao Authorities never for a moment contemplated invoking any extraordinary process of Law and that they learned with surprise that any pro- ceeding had been instituted for the purpose of vindicating the honor of Governor Amaral, which was not open to any ordinary suitor; that had they wished to obtain the co-operation of this Government in the matter, they would have addressed themselves directly to this Government; that the services both of the Acting Attorney General and of Mr. Pollard were secured in their professional character in the same way as if they had been retained as their Counsel in au action at Law.
He further stated that his instructions from Lisbon were such as leave him no option but to commence de novo in the event of this Government entering a nolle prosequi and the suggestion made by me as to the proceedings being carried on in the modified form pointed out is one which evidently was very acceptable to H. E. in the difficulty in which both Governments are placed. All he desires is that a Hongkong Jury should decide whether the accusations of venality and corruption against Governor Amaral are justified or not, and if Mr. Saint will publish a retractation of them, he is quite willing that the proceedings should be withdrawn each party paying his own costs.
Mr. Saint would appear to be anxious to go on for he has served notice of a day for the argument of the demurrer.
5th February, 1869.
J. PAUNCEFOTE, Attorney General.
137
I consider that any doubts as to the action of this Government are now resolved by the information which Mr. Pauncefote has supplied of the wishes of the Macao Authorities.
It is abundantly clear from the statement of Governor De Souza to Mr. Pauncefote, that the action taken by Mr. Ball without the privity or sanction of this Government was also opposed to the intentions and wishes of that of Macao, so that in whatever point of view it can be regarded, the conduct of Mr. Ball seems indefensible.
I quite agree as to the course now recommended by Mr. Pauncefote and con- curred in by Governor De Souza, but as I observe that the other Members of Council have not yet recorded their opinions, these papers must go on to them at
once.
5th February, 1869.
R. G. M. D.
Considering that Governor De Souza approves the course proposed by the Attorney General and that this course will entail no hardship on Mr. Saint, I quite concur in the advisability of allowing the proceedings to go on.
5th February, 1869.
W. H. RENNIE, Auditor General.
EX