1
COPY.
No. 3 in 7606/1907.
His honour
Sir,
Enclosure 1.
C.O.
18652
RECO &
Cover JUN
Hongkong, 3rd. kay, 1911.
57
It would appear as I am informed, from
Your honour's 'suming up' to the jury in the recent prosecut-
-ion for printing and selling "seditious literature" in the
Colony, (I have not myself seen the summing up) that Your
Honour did not consider that the words used in the book as
quoted by the prosecution were such as to warrant a conviction
under Ordinance 15 of 1907.
The publication referred to used very
abusive languape in regard to the Lonchu Dynasty and the infant
Emperor, and the extract quoted in Court ended with an exhorta-
-tion to devour the Mancous alive.The Ordinance in question was
passed by the Legislative Council since I came to the Colony,
and I have no hesitation in saying that it was the intention
of the Governor-in-Council in drafting this Bill to include
such publications as those now referred to under the phrase
*calculated to excite tumult or disorder in China, or to excite
persons to crime in China". In these circumstances I have the
honour to solicit Your lionour's advice as to what amendment of
the Ordinance, and what form of words would more adequately
convey the intention of the Legislature, with a view to suppres-
»sing the printing, sale, distribution and publication in this
Colony of literature such as that which was the subject of the recent prosecution.
I
The Chief Justice.