Annamite persons took place and happened as before mentioned. That the said Jose RODRIGUES COELHO DO AMARAL, afterwards ceased to be such Governor as aforesaid, and was duly elected, by certain of His Most Faithful Majesty's Portuguese and other subjects resident at Macao aforesaid, to serve as, and accordingly became, the Deputado or Representative of Macao aforesaid in the Parliament of Portugal. That it is matter of notoriety, and in fact true, that a great majority of His Most Faithful Majesty's Portuguese and other subjects resident in Macao aforesaid, who are entitled to, and do in fact enjoy the franchise for the election of such Deputado or representative as aforesaid, are engaged in, or intimately connected with the said Coolie Trade, and with the said acts of oppression, harshness, illegality, piracy and fraud towards the aforesaid Chinese coolies and others, which have obtained for them, the said Traders, the name, style or title of "pig-dealers," that the said Jose RODRIGUES COELHO DO AMARAL, in representing the interests of the said electoral body in the said Parliament, does therefore, in truth and in fact, represent the interest of the so-called “pig-dealers." That after the said Jose RODRIGUES COELHO DO AMARAL ceased to be such Governor as aforesaid, certain criminal proceedings were commenced before the Judge of first instance at Macao aforesaid, against certain persons, subjects of His said Most Faithful Majesty, and others, for being concerned in the aforesaid piratical seizure of, and subsequent outrages upon, the said Annamite persons and others, and in the course of such proceedings it having become evident that certain Officials appointed by His said Most Faithful Majesty as part of the Government or body of Officials acting for His said Most Faithful Majesty at Macao aforesaid, then charged with the duty of enforcing the aforesaid rules, regulations and restrictions, had been guilty of conniving at the said piratical seizure, and other outrages connected therewith hereinbefore mentioned, His said Most Faithful Majesty's Government ordered a commission of enquiry into the conduct of the said Officials. That shortly after such proceedings as aforesaid had been commenced, such commission of enquiry as aforesaid had been ordered as aforesaid, the said Jose RODRIGUES COELHO DO AMARAL became and was Minister of Marine and for the Colonies, in the Government of His said Most Faithful Majesty, as alleged in the said ex-Officio Information, and it became and was within the scope and province of his power and duties, as such Minister as aforesaid, to control, direct and otherwise influence, the course of the said proceedings and of the said commission of enquiry hereinbefore mentioned. That after the said Criminal proceeding before the said Judge of First Instance at Macao aforesaid had been commenced and carried on, the said Portuguese subjects of His said Most Faithful Majesty who had been and were accused of complicity in the said piratical seizure of the said two junks, and of the aforesaid other outrages connected therewith, applied or caused an application to be made to His Most Faithful Majesty's Government at Lisbon aforesaid, for the appointment of a Judge substitute, in the room of the aforesaid Judge of First Instance at Macao aforesaid, for the special purpose of hearing and deciding upon the said proceedings. That early in the present year, but the exact date is not known to and cannot be stated and set forth by the defendant, a Government order arrived at Macao aforesaid, granting the said application, and nominating five persons, then resident at Macao aforesaid, from whom a Judge substitute might and should be selected. That in spite of such order no further proceedings whatever had been taken in the said matter but, on the contrary, the Portuguese subjects of His said Most Faithful Majesty charged in the said proceedings with complicity in the said piratical seizure, and the outrages connected therewith, were, at the time of the alleged grievance, at liberty and out on bail at Macao aforesaid, still holding Government licenses to keep Barracoons, although the offences with which the said persons stood charged are not by Portuguese law bailable offences. That no steps whatever had been taken with reference to the said commission of enquiry into the conduct of the said Government Officials, although a long time had elapsed since the same had been ordered as aforesaid, but on the contrary one of the said officials, to wit MARQUES PEREIRA, had been, since the said commission had been ordered as aforesaid, confirmed by the Government of his said Most Faithful Majesty in his Office or Post of Procurador. That in truth and in fact a sum of Two thousand Pounds Sterling had been and was collected in Macao aforesaid, for transmission to Lisbon, and was so transmitted, for purposes connected with the aforesaid criminal proceedings, and with the application to the Government of His said Most Faithful Majesty for the appointment of a Judge Substitute as before mentioned, and for the payment of the necessary, usual and customary fees, costs and expenses, to the subordinate agents in and about and connected with the offices of the Government of His said Most Faithful Majesty, and to other persons necessarily and usually employed and retained at Lisbon aforesaid to obtain favorable answer to such applications as aforesaid, to the Government of His Most Faithful Majesty, and not for the purpose of Bribing the said Jose RODRIGUES COELHO DO AMARAL as falsely pretended in the said ex-Officio Information. That it had been and was matter of notoriety, and is in fact true, that the said coolie trade had been and was, when conducted as hereinbefore it is alleged and stated to have been hitherto conducted and carried on at Macao aforesaid, a source of great profit and emolument to the Government of His Most Faithful Majesty, and of far greater profit and emolument than it would otherwise have been, if legally conducted and carried on, and in accordance with the aforesaid rules, regulations and restrictions, and the said JOSE RODRIGUES COELHO DO AMARAL, knowing the premises, and knowing also that the said enquiry might and would have a tendency to injure the said trade, and thereby to decrease the Revenue of His said Most Faithful Majesty, did therefore, in the exercise of his discretion as such Minister as aforesaid, and not from dishonest or corrupt motives as falsely pretended in the said ex-Officio Information, act with reference to the aforesaid criminal proceeding, and the aforesaid commission of enquiry, as he is hereinbefore stated to have acted, and the defendant further says that, by reason of the particular facts hereinbefore alleged and averred, that it was for the public benefit that the said matters and things in the said ex-Officio Information charged and alleged to have been published by the defendant, should be published.
THE QUEEN
SAINT
La
The points of
intended to
aforesaid, but on the contrary one of the said officials, to wit MARQUES PEREIRA, had been, since the said commission had been ordered as aforesaid, confirmed by the Government of his said Most Faithful Majesty in his Office or Post of Procurador. That in truth and in fact a sum of Two thousand Pounds Sterling had been and was collected in Macao aforesaid, for transmission to Lisbon, and was so transmitted, for purposes connected with the aforesaid criminal proceedings, and with the application to the Government of His said Most Faithful Majesty for the appointment of a Judge Substitute as before mentioned, and for the payment of the necessary, usual and customary fees, costs and expenses, to the subordinate agents in and about and connected with the offices of the Government of His said Most Faithful Majesty, and to other persons necessarily and usually employed and retained at Lisbon aforesaid to obtain favorable answer to such applications as aforesaid, to the Government of His Most Faithful Majesty, and not for the purpose of Bribing the said Jose RODRIGUES COELHO DO AMARAL as falsely pretended in the said ex-Officio Information. That it had been and was matter of notoriety, and is in fact true, that the said coolie trade had been and was, when conducted as hereinbefore it is alleged and stated to have been hitherto conducted and carried on at Macao aforesaid, a source of great profit and emolument to the Government of His Most Faithful Majesty, and of far greater profit and emolument than it would otherwise have been, if legally conducted and carried on, and in accordance with the aforesaid rules, regulations and restrictions, and the said JOSE RODRIGUES COELHO DO AMARAL, knowing the premises, and knowing also that the said enquiry might and would have a tendency to injure the said trade, and thereby to decrease the Revenue of His said Most Faithful Majesty, did therefore, in the exercise of his discretion as such Minister as aforesaid, and not from dishonest or corrupt motives as falsely pretended in the said ex-Officio Information, act with reference to the aforesaid criminal proceeding, and the aforesaid commission of enquiry, as he is hereinbefore stated to have acted, and the defendant further says that, by reason of the particular facts hereinbefore alleged and averred, that it was for the public benefit that the said matters and things in the said ex-Officio Information charged and alleged to have been published by the defendant, should be published.
DEMURRER.
IN THE SUPREME COURT OF HONGKONG.
VACATION AFTER MICHAELMAS TERM IN THE THIRTY-SECOND YEAR OF THE REIGN OF QUEEN VICTORIA.
AND NOW, that is to say on the Fourteenth Day of December, in this same Vacation, the Acting Attorney General cometh into the said Supreme Court of Hongkong, before the Chief Justice thereof, and having heard the pleas of the Defendant to the said Information read, saith to the plea of the Defendant by him first above pleaded, and whereof he hath put himself upon the Country, that he the Acting Attorney General doth the like.
And as to the plea of the Defendant, by him secondly above pleaded, the Acting Attorney General saith, that the same is not sufficient in law, and for causes of demurrer thereto states and shows to the Court here, amongst others, the following, that is to say that the said Information contains two counts charging the Defendant with printing and publishing two separate and distinct libels in the
Page 139
Annamite persons took place and happened as before mentioned. That the said Jose RODRIGUES COELHO DO AMARAI, afterwards ceased to be such Governor as aforesaid, and was duly clected, by certain of His Most Faithful Majesty's Portuguese and other subjects resident at Macao aforesaid, to serve ns, and accordingly becumo, the Depuindo or Representative of Macao aforesaid in the Parliament of Portugal. That it is matter of notoriety, and in fact true, that a great majority of his Most Faithful Majesty's Portuguese and other subjects resident in Macao aforesaid, who are entitled to, and do in fact enjoy the franchise for the election of such Deputado or representative as aforesaid, are engaged in, or intimately connected with the said Coolie Trade, and with the said acts of oppression, barshness, illegality, piracy and frand towards the aforesaid Chinese dolies and others, which haveobtained for them, the said Traders, the nanie, style or title of "pig-dealers," that tho said Jose RODRIGUES COELHO DO AMARAL, in representing the interests of the said electoral body in the said Parliament, does therefore, in truth and in fact, represent the interest of the so-called “pig-lealers." That after the said Joer RODRIGUES COELHO no AMARAL ceased to be such Governor as aforesaid, certain erinrinal proceedings were commenced before the Judge of first instance at Macno aforesaid, against certain persons, subjects of His said Most Faithful Majesty, and others, for being concerned in the aforesaid piratical seizure of, and subsequent outrages upon, the said Annamite persons and others, and in the course of such proceedings it having become evident that certain Officials appointed. by His said Most Faithful Majesty as part of the Government or body of Officials acting for His said Most Faithful Majesty at Macao aforesaid, then charged with the duty of enforcing the aforesaid rules, regulations and restrictions, had been guilty of conniving at the said piratical seizure, and other outrages connected therewith hereinbefore mentioned, His said Most Faithful Majesty's Government ordered a commission of enquiry into the conduct of the said Officials. That shortly after such proceedings as aforesaid had been commented, such commission of enquiry as aforesaid had been ordered as aforesaid, the said Jose RODRIGUES COLLIG DO AMARAL became and was Minister of Marine and for the Colonies, in the Govern ment of His said Most Faithful Majesty, as alleged in the said ex-Officio Information, and it became and was within the Scope and Province of his power and duties, as such Minister as aforesaid, to control, direct and otherwise influence, the course of the said proceedings and of the said commission of enquiry hereinbefore mentioned. That after the said Criminal proceeding before the said Judge of First Instance at Macno aforesaid had been commenced and carried on, the said Portuguese subjects of His said Most Faithful Majesty who had been and were accused of complicity in the said piratical seizure of the said two junks, and of the aforesaid other outrages connected therewith, applied or caused an application to be made to His Most Faithful Majesty's Government at Lisbon aforesaid, for the appointment of a Judge subs litate, in the room of the aforesaid Judge of First Instance at Macao aforesaid, for the special purpose of hearing and deciding upon the said proceedings. That early in the present year, but the exact date is not known to and cannot be stated and set forth by the defendant, a Government order arrived at Macao aforesaid, granting the said application, and nominating five persons, then resident at Macao aforesaid, from whom a Judge substitute might and should be selected. That in spite of such order no further proceedings whatever had been taken in the said matter but, on the contrary, the Portuguese subjects of Ilis said Most Faithful Majesty charged in the said proceedings with complicity in the said piratical seizure, and the outrages connected therewith, were, at the time of the alleged grievance, at liberty and out on bail at Maeno aforesaid, still holding Government licenses to keep Barracoons, although the offences with which the said persons stood charged are not by Portuguese law bailable offences. That no steps whatever had been taken with reference to the said commission of enquiry into the conduct of the said Goverment Officials, although a long time bad clapsed since the sumc had been ordered as
THE QUEEN
.2),
SAINT.
La
The points of
intended to
aforesaid, but on the contrary one of the said officials, to wit MARQUES PEREIRA, had been, since the
said commission had boen ordered as aforesaid, confirmed by the Goverment of bis said Most Faithful Majesty in his Office or Post of Procurador. That in truth and in fact a sum of Two thousand Pounds Sterling
had been and was collected in Macao aforesaid, for transmission to Lisbon, and was so transmitted, for
purposes connected with the aforesaid criminal proceedings, and with the application to the Government of is said Most Faithful Majesty for the appointment of a Judge Substitute as bofre mentioned, and for the payment of the necessary, usual and customary fees, costs and expenses, to the subordinate agents in and about and connected with the offices of the Government of His said Most Faithfu Majesty, and to other persons necessarily and usually employed and retained at Lisbon aforesaid to obtain favorable answer to such applications as aforesaid, to the Government of His Most Faithha Majesty, and not for the purpose of Bribing the said JoSE RODRIGUES COELHO DO AMARAL as falsely pretended in the said ex-Officio Information. That it had been and was matter of notoriety, and is in fact true, that the said coolie trade had been and was, when conducted as hereinbefore it is alleged and stated to have been hitherto conducted and carried ou at Macao aforesaid, a source of great proft and emolument to the Government of Ilis Most Faithful Majesty, and of far greater profit and emolument than it would otherwise have been, if legally conducted and carried on, and in accordance with the aforesaid rules, regulations and restrictions, and the said JOSE RODRIGUES COELHO DO AMARAL, knowing
the premises, and knowing also that the said enquiry might and would have a tendency to injure the said trade, and thereby to decrease the Revenue of His said Most Faithful Majesty, did therefore, in the exercise of his discretion as snch Minister as aforesaid, and not from dishonest or corrupt motives
as falsely pretended in the said ex-Officio Information, act with reference to the aforesaid criminal proceeding, and the aforesaid commission of enquiry, as he is hereinbefore stated to have acted, and the defendant further says that, by reason of the particular facts hereinbefore alleged and averred, that it was for the public benefit that the said matters and things in the said ex-Officio Information charged
and alleged to have been published by the defendant, should be published.
DEMURRER.
IN THE SUPREME COURT OF HONGKONG.
VACATION AFTER MICHAKIMAS TERM IN THE THIRTY-SECOND
YEAR OF THE REIGN OF QUEEN VICTORIA.
AND NOW, that is to say on the Fourteenth Day of December, in this same Vacation, the Acting Attorney General cometh into the said Supreme Court of Hongkong, before the CuIEF JUSTICE thereof, and having heard the pleas of the Defendant to the said Information read, saith to the plea of the Defendant by him first above pleaded, and whereof he hath put himself upon the Country, that he the Acting Attorney General doth the like.
And as to the plea of the Defendant, by him secondly above pleaded, the Acting Attorney General
be argued are spe- saith, that the same is not sufficient in law, and for causes of demurrer thereto states and shows to the cified in the body
of this Demurrer. Court here, amongst others, the following, that is to say that the said Information contains two
counts charging the Defendant with printing and publishing two separate and distinct libels in the
139
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