CO129-138 - Sir MacDonnell - 1869 [6-7] — Page 232

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

229

sets forth that the Chief Justice (Mr. Smale) has decided in a recent case, Meg v. Bangs, that a foreign resident in Macao has redress here against the publisher of a libel in Hongkong. There has been much excitement in connection with this case, and the various matters of Law, which the Chief Justice's Judgment involved, are of too great importance to be lightly passed over.

I therefore referred the Petition to the Attorney General with directions to report fully the whole matter for the information of Your Lordship.

3. On clear Enclosure No. 2 very fully. This he has done in a clear and comprehensive report, which I have had printed, so as to render it more available, and I invite the serious attention of Your Lordship to it.

It appears that, independent of the merits of the particular case, the Chief Justice's interpretation of the existing Law as to private prosecutions, an important question has been collaterally raised by Mr. Smale as to his right to insist on the Attorney General's conducting private prosecutions, and thereby ousting private parties of their right to choose their own Counsel. Mr. Smale also insists on commanding the advice and assistance of the Attorney General whenever and however he pleases.

5. On all these occasions the Attorney General has hitherto exhibited the greatest

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229 sets forth that the Chief Justice (Mr. Smale) has decided in a recent case, Meg v. Bangs, that a foreign resident in Macao has redress here against the publisher of a libel in Hongkong. There has been much excitement in connection with this case, and the various matters of Law, which the Chief Justice's Judgment involved, are of too great importance to be lightly passed over. I therefore referred the Petition to the Attorney General with directions to report fully the whole matter for the information of Your Lordship. 3. On clear Enclosure No. 2 very fully. This he has done in a clear and comprehensive report, which I have had printed, so as to render it more available, and I invite the serious attention of Your Lordship to it. It appears that, independent of the merits of the particular case, the Chief Justice's interpretation of the existing Law as to private prosecutions, an important question has been collaterally raised by Mr. Smale as to his right to insist on the Attorney General's conducting private prosecutions, and thereby ousting private parties of their right to choose their own Counsel. Mr. Smale also insists on commanding the advice and assistance of the Attorney General whenever and however he pleases. 5. On all these occasions the Attorney General has hitherto exhibited the greatest
Baseline (Original)
2: 229 sets forth that the bhief Justice (M= Smale has decided in a recent case Meg v bangs that a Foreign resident in Macas has the publisher of a 12. mo سات redress here against libel in Hongkong. There has been much excitement in connection with this case, and the various matters of Law, which the bhief Justices Judgment involved, are of two great importance to be lightly paped over. J therefore referred the Petition to the, Attorney General with directions to report fully the whole matter for the information of Your Lordship. 3. on clear Enclosure No 2 very This he has done in a and comprehensive report, which I have had printed, so as to render it more available and I invite the serious attention for of Your Lordship to it. H. It appears that independent of the or of the merits of the particular case bhief justices interpretation of the existing Law as to private prosecutions, an importent question has been collativally raised by M." Emale as to his right to insist on moist. the Attorney General's conducting private prosecutions, and thereby susting private parties of their right to choose their own Counsel. M2 Smale alos insists -on commanding the advice and apsistance of the Attorney General whenever and how The pleases. 5. On all these occasions the Attorney General has hitherto exhibited the greatest
2026-05-20 05:30:12 · Baseline
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2:

229

sets forth that the bhief Justice (M= Smale has decided in a recent

case

Meg v bangs that a Foreign resident

in Macas has

the publisher of a

12.

mo

سات

redress here against

libel

in Hongkong.

There has been much excitement

in connection with this

case, and the

various matters of Law, which the bhief Justices Judgment involved, are of two great importance to be lightly paped over.

J

therefore referred the Petition to the, Attorney General with directions to report fully the whole matter for the information of Your Lordship.

3.

on

clear Enclosure No 2 very

This he has done in a and comprehensive report, which I have

had printed, so as to render it

more

available

and I invite the serious attention

for

of Your Lordship to it.

H.

It appears

that

independent of the

or of the

merits of the particular

case

bhief justices interpretation of the existing Law as to private prosecutions, an importent question has been collativally raised by M." Emale as to his right to insist on

moist. the Attorney General's conducting private prosecutions, and thereby susting private parties of their right to choose their own Counsel. M2 Smale alos insists

-on

commanding the advice and apsistance of the Attorney General whenever and how The pleases.

5. On all these occasions the Attorney General has hitherto exhibited the greatest

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