پست
that the yare took a different newf it from that which had been taken by
the Secutive Concil.
faiver in securing
The prosecution
a conviction of the
accusûî; and d think theselive that
it corned be
inexperient t
process in
has been
the other cases; but I understand that
the proestrings
the spect of the
да
ood, and that the publishers of papero have mais
to mum an
up
these
their mindd not
any frother mists of
of prosecution
by publishing any more such
documents as that which loomed
1
the subject of the charge in this case. (Sigur) Edward I orally,
Noveraber 14th, 1884.
Enclosure 2.
The Daily Press.
HONGKONG, OCTOBER 23αp, 1384.
SUPREME COURT.
22nd October.
CRIMINAL SESSIONS.
BEFORE THE HON. SIE GEORGE PHILLIPPO, CHIEF JUSTICE.
PROSECUTIONS AGAINST VERNACULAR PAPERS.
Luk Ki Shan, printer and publisher of the Chinese newspaper Wai Sun Yat Po, was charged with having published in his paper obscene and indecent matter in a paragraph under the head of * News from Canton.”
The Attorney-General (Hon. E. L. O'Malley) appeared for the prosecution; Mr. J. J. Francis, instructed by Messrs. Brereton, Wotton, and Deacon, for the defence.
Mr. Francis said that although it might be somewhat out of the ordinary custom for him as representing the defendant to sadrasa thế court first, he was desirous of saving his Lord- ship and jury all possible trouble of going into the case, and would ask permission on behalf of defen- dant to avail himself of the provision of Common Law to throwhimself upon the mercy of the court, and submit himself for a small fine. There was not shadow of a question upon the defendant's. part that the publication in question was as had as it possibly could be, and he had not the faintest idea of justifying its insertion in his paper. He regretted it exceedingly, and so far as he (Mr. Francis) could do so in a public court, he offered defendant's apologies for it. The only thing he had to set up was that the publication was without his own personal knowledge. Of course, primâ facie, be" was responsible for what | appeared in his paper, but it was open to the de- fendant to show that the publication was without hi agatal blad T. The qèïënt- ant was absent, from sickness or some other sanse, when the article was published. That was his defence, and defendant did not wish to put the court to the trouble of going through the o888. Mr. Francis proceeded to give his authority for this course, and he said that in this case the defendant submitted him- self to the Queen's mercy, and he was willing to submit himself to the payment of such small Ane as his Lordship might think fit to impose. He publicly acknowledged that it ought not to have been published, and that it was altogether unjustifiable and unlawful; and undertook that such a thing should not occur again.
His Lordship said he had looked over the de- positions, and it appeared to him that the mat- ter complained of was almost as bad as it could be, but according to the evidence, of which a good deal was taken, it was published certainly without the defendant's knowledge, and appar ently during his absence. He had expressed his deep concern that it had been published, had dismissed the raan who had caused it to be in- serted, sud had done everything he really could do to show his own abhorrence of what had been published. Under those circumstances,
although legally he might be guilty of the publication, he was only guilty in some degree of carelessness or negligence in allowing it to appear, and if that was the case, a fine would be sufficient to meet the requirements of justice.
The Attorney-General intimated that he had no desire to press the case.
His Lordship-Then I think the requirements of the case will be met by my inflicting a fine of $5; but at the same time I may take this op- portunity of stating that if this publication had appeared with the defendant's consent and know- ledge, I should have inflicted almost as severe a punishment as it is in my power to impose. I hope it may be a warning to other nowspapers to take care as to what they publish.
Mr. Francis, on defendant's behalf. thanked his Lordship and the Attorney-General for the lenient view they had taken of the case.
Tam Yik Kin, printer and publisher of the Wah Tax Yat Po (Chinese Mail) was charged on four counts that by the publication on the 17th
September
56
C. O..
21 854
September in his newspaper of a certain artible For notice in the Chinese language purporting
be a proclamation issued by the Viceroy of He' Two Kwang, he did feloniously solicit, encourage persuade, or endeavour to persuade, or propose GE 22 DEC 34, or incite certain persons to the Attorney-GeneralTM unknown, to wit, the readers of the paper, to murder or kill certain persone, to wit, French commanders, against the peace of her Majesty the Queen, her Throne and dignity.
The Attorney-General (Hon. B. L. O'Malley) appeared for the prosecution; Mr. Francia, in- structed by Messrs. Brereton, Wotton, and Deacon, for the defence.
A special jury was empannelled, composed of Messrs. S. Hancock, F. E. Foster, J. Thorburn, W. Legge, N. A. Seibs, Nowrojos Pestonjoe Dallah, and H. C. Erdmann.
The Registrar (Mr. Ackroyd) read the indict- mont, which set out in separate counts the charge stated above, and he read the publication com plained of as follows, the first part being written by or for the defendant.
PROCLAMATION ISSUED ETTE VICEROY AND THE GOVERNOR.
We ars of opinion that although the French soldiers may be powerful, tey have only got their navy to rely on, and although their war ressols are strong. rat all those which have been defeated have boon seriously dar
intrigne
hope
Frough)aged. It is on this account t: at the recruit soldi ara and braves, and secretly with Chinese traitora, and rely entirely on Chinese workmen to perform carpenter's works
arke for them.
If secret devices and craft stratagem, there would be no of the number of the French troops being increased, and there would be no one to repair French ships. How could the French be certain of seeing that their troops bare to an 'ure hardships in A country, so far di tant coming to secretly attack a from their own? Moreover, all the neutral powers have been abiding by International Law, and would not submit to arm themselves and wait in readiness to receive the (French) commande, nor would the aubjects
act contrary to the intention of
It It might be said that
those people did not fall victims to their
their
of such respective
ments.
xiace (the French were car enough) to entice (the Chinese) by high way, theward ought to Chinese anthorities) and
pytho
have been issued (by
sole of
posted at the city gate earlier. However, all we hope that people will employ their strength in arms, and try to outdo one another in their straggle for merit aud renown. This is the object of the authorities in instructing their
heir subjects to obey their orders. The Original
proclamation is
is hereby respectfully published general information. Chang, Viceroy of ar appointed by Imperial Decree.) the Two Kwang, (a President of the Board Nga Ford of War).
Governor of Kwang-tang, (a Vico-Presi ont of
for
In the matter of strictly forbidding people to allow themselves to he enlisted as soldiers by the French,
ships.
Whereas the French have
and
Toany?
repair French repeatedly invaded the Fuk-kin territory, and sacrificed nyhves in the most cruel, oppressive and out agents manner, both Heaven and man are sureged Lat this.. and there is no one living who does not consider the Frenob his enemy, and who is not most anxious to be revenged on them. The writers, however, understand that there have for long been traitors in Hongkong, Macan and neighbouring localities who have intrigned with a great number of people whom they have enticed by high pay oz ander the pretext of getting them work or providing them with employment. When these people once set on board (French ships), they are forced to become soldiers, and are placed
Are
the van.
so that they form the great majority of the killed and wounded. In addition to the above (persons), there cruel-hearted and treacherous people why out of coretous desire for large gaie, volunteer their 7.083 These people may be considered still more aban oned. With regard to the acts of the past, the wr.ters could not bear to enter into a detailed account been of them. But to continue, workmen who have engaged in repairing ships for foreigners, even when the ships of the enemy have been defeated and damaged, secretly repair them, thereby enabling the jaded to recover their strength, and the weak to bee me strong; they assist the enemy and show themselves unmindful of their
moro detestable country. Could than they i It is bigbly necessary that a strictly
tory proclamation prohibitory
should be issue i You,
oa, inhabitants
along
the coast,
any one
se well as work- men engaged in repairing ships are therefore hereby notified for your information that you
should
tho- roughly comprehend the distinction between China fox
more
s Foreign country, and show devoted regard
our fatherland. you enlist on the aido
Ride of and thus render services to the enemy, this will be nothing nor less than to rain China by meus of the Chinese; to
to attack Kwang-tang with bang-tang people. The result of this will be that through your instrumentality your native homes will be razed to the ground, and your relations and neighbours will meet with a ornel death at the point of sword. Were you to consider this in the quiet of the night, do you think you could endure the thought of it? Moreover, by employing you, the French place you in a situation in which your life is imperilled, for not one out of a hundred survives of those who rush on the ngint of the bayonet and ward off the cannon's shot.
Why then should you sucrifice your life, which no
visoney.