CO129-043 - Sir Bonham - 1853 [7-12] — Page 52

4

"Section of which.

10 as

follows,

Aust be further created and ordained, That the Law of England shall be in full Fores in the said botory of Hongking except withere the same thats be inapplicable to the Local Circumstances of the said Colony,, or of it's Inhabitants, and that in all matters relating to the Practice and Proceedings of the saids Supreme Court, the Practice of the Englishs Courts shall be in Force, unless and until otherwise ordered by Rule of the said Court."

But on

the 6th of May, 1846, another Ordinance (N:2 8f 1846) was passed, cutitled,

An Ordinance to awend Odinance N° 6 of 1845, cutitled, An Ordinance to repeal. Ordinance N 15 of 1844, for the Establishment &ga_ Infreme Court of Indica Ime at Hongking, and to substitute other provisions in hen thereof," the Third Scation of which is as • follows,-

And be it further encrated and ordained, That from hence foth such of the Laws of England only, and such Portion of the Practice of the English Courts (subject to the Exception of Then Applicability

as contained

in the said Tomith Seatim of Ordinance N°6 of 1845.) as cxisted

50 5

when the said loot any obtained

that is to say,

Local Legislature.

the 5th Day of April, One Kevsans Eight Houndreds and Forty-thue- shall be of Govce therein."

All these Ordinances were confirmed by

the Queen in Concil.

بر

Lord Campbell's Act became the

the 24th of August,

Laws of England

от

1843, and it was in operation in Hang= Kong up to 6th day, 18460; for the only of libel that has been brought into this Court since its institution, was

other case.

a prosecution by the present Attorney

behalf of Adminal Sir Thomas Coolrave,

General

di

27

against

at the Editor

the 2nd the Friend of China, tried on of Inne, 1845. The defendant, under the provisions of Lord Campbell's tal, having pleaded_" "Not guilty - that all he had stated) was true, and publirbed

the benefit of the public","_"the menth trial, and ended in an

for

carr

acquittal; the present Chief Instice telling the jury that, "it was for them to judge if there

Bas

a

necepity, first, to preblish the facts; secondly, it nece pary & publish "the commentary;" directions authorized

only by Lord Campbell's otet.

8. It is presumed that the Plaintiff