ENCLOSURE NO.2.
32
Hon. Colonial Secretary,
On the 20th June, 1937, you referred to me an article
from the Sunday Herald on 19th June, headed "STARTLING
REVELATIONS OF SLAVE MARKETS IN COLONY: GIRLS FOR SALE", and
inquired whether the editor could be made to divulge the
writer's identity.
I advised as follows: "The report may be irresponsible,
if false, but it is not libellous: if true, is properly
published in the public interest. The police should investig-
gate the report and interview the editor. I have never heard of any privilege afforded by the laws of evidence to
communications to newspaper-men. The editor will probably be
quite willing to divulge the name of his correspondent. If not, recourse may be had to section 18(7) of the Police Force
Ordinance, No.37 of 1932."
Since that time I have been in close touch with the
police and every endeavour has been made to induce the editor
The of the paper to divulge the name of his correspondent. editor may have laid himself open to criminal proceedings for misprision of felony, but no such proceedings appear to have been instituted in England of recent years, and there is no evidence yet that a felony was in fact committed, although the article in question suggests that an offence may have been committed under section 44 or 45 of the Offences against the Person Ordinance, No.2 of 1865, namely forcible detention of a person with intent to sell, or stealing children under 14 years, both of which are by that Ordinance statutory felonies,
so it seems preferable that proceedings if instituted should be instituted against him for conduct causing, or tending to cause a public mischief (R. v Manley, 1933, 1 K.B. 529, and 24 Cr. App. Rep. 25). What evidence there is will be scrutinized in this light, and such proceedings as may be
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