CO129-044 - Public Offices - 1853 — Page 265

UNTO THE RIGHT HONOURABLE THE DUKE OF NEWCASTLE, HER MAJESTY'S PRIN-

CIPAL SECRETARY OF STATE FOR THE COLONIES;

THE MEMORIAL OF ANDREW SHORTREDE, residing in Hongkong,

Shemeth-

1. That an action for Libel has been brought against Your Memorialist under the following circumstances:-

2. Your Memorialist is Proprietor and Editor of the China Mail Newspaper, which, in commenting on the loss of the Steamer Larriston, on the Coast of China, on the 1st of May last, used these words,—

"It is also certain that the loss of the steamer was caused by gross negligence on the part of the second officer, who, had the catastrophe occurred in his own country, would now be in jail waiting his trial for manslaughter."

Again, "Altogether, the loss of the vessel can only be characterized, in seamen's phrase, as "labberly work," and will serve as a lesson to our shipowners in future to employ men having local experience of the coast navigation.”

3. According to the best information obtainable at the time, and still relied on, these remarks were fully warranted, and are not so severe as, judging from what was said about the loss of the Orion in June 1850, the event would have called forth in the home papers; especially as it farther appears that, besides the questions of seamanship and carelessness, there was only one efficient boat, and Thirty-one lives were lost within gun-shot of the shore.

4. At any rate, the remarks in the Mail were made without malice or gross negligence, and their publication, it is conceived, was for the public benefit; pleas that are available only under Lord Campbell's Act, "for the better protection of private character, and for the more effectually securing the liberty of the press."

5. But your Memorialist has been told, and it is a matter of general belief, that the present action would not have been brought, except under the impression that Lord Campbell's Act is not in operation within this Colony. He cannot pretend to say how the point will be settled by this Court: but as a judgment may be reversed, the question can be definitively settled only by Her Majesty in Council; and to that end the following memorandum of facts is respectfully submitted to your Grace's favourable consideration:

6. On the 5th of April, 1843, a Royal Charter was granted to the Colony of Hongkong, which, amongst other things, authorized the formation of a Legislative Council; but that Council made no laws until the following year. On the 21st August, 1844, an Ordinance (No. 15 of 1844) was passed, "To establish a Supreme Court of Judicature at Hongkong," the Third Section of which declares,---

"That the Law of England shall be in full force in the said Colony of Hongkong, except where it shall be inapplicable to the local circumstances of the said Colony or of its inhabitants.”

This Ordinance was repealed, and another (No. 6 of 1845) substituted, dated the 19th August, 1845, and entitled "An Ordinance to repeal Ordinance No. 15 of 1844, for the establishment of a Supreme Court of Judicature at Hongkong, and to substitute other provisions in lieu thereof," the Fourth Section of which is as follows,——

"And be it further enacted and ordained, That the Law of England shall be in full Force in the said Colony of Hongkong except where the same shall be inapplicable to the Local Circumstances of the said Colony, or of its Inhabitants; and that in all Matters relating to the Practice and Proceedings of the said Supreme Court, the Practice of the English 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 (No. 2 of 1846) was passed, entitled, An Ordinance to amend the Ordinance No. 6 of 1845, entitled, An Ordi- nance to repeal Ordinance No. 15 of 1844, for the Establishment of a Supreme Court of Judicature at Hongkong, and to substitute other provisions in lieu thereof," the Third Section of which is as follows,-

"And be it further enacted and ordained, That from henceforth such of the Laws of England only, and such Portion of the Practice of the English Courts (subject to the Exception of their Applicability as contained in the said Fourth Section of Ordinance No. 6 of 1845,) as existed when the said Colony obtained a Local Legislature that is to say, on the Fifth Day of April, Öne Thousand Eight Hundred and Forty- three-shall be of Force therein.

All these Ordinances were confirmed by the Queen in Council.

7. Lord Campbell's Act became the Law of England on the 24th of August. 1843, and it was in operation in Hongkong up to the 6th of May, 1846; for the only other case of libel that has been brought into this Court since its institution, was

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