CO129-333 - Governor Nathan - 1906 [1-4] — Page 268

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Enclosure 9.

Attorney-General's Minute.

Bon. Colonial Secretary,

RECO

(REG 24 MAR 06

205

The remedy, when a newspaper belonging to a

Company is likely to publish libels or has done so, is not to

refuse registration to the Company or if already registered seek

its removal from the Register, but to proceed civilly or criminal-

-ly as the case may require against the publisher of the news-

-paper or other persons concerned in the publication of the libel!

When the newspaper is published within the

Jurisdiction of the Chinese Empire proceedings may be taken in the

Chinese Courts against such of the offenders as are Chinese

subjects and in the Courts white in China have jurisdiction over

british subjects against such as are Eritish subjects. Similarly

I assume that cognisance is taken by the American Consular Courts

of like offences committed by citizens of the United States!

The fact that a Chinese subject is a share-

-holder in a Newspaper Company registered in Hongkong in no way

entities him to clain british protection against proceedings in

the Chinese Courts. He does not by being a shareholder in a

British registered Company thereby become a british subject or

entitled in any sense to British protection. If he is implicated

in the publication in China of a libel of course he may be dealt

with for his act according to Chinese law and procedure. Such a

person only has a ciain to British orotection when he is in hong-

-Kong or in some other British Possession and then not because

he is a shareholder in a Company with a British Register but

because he is for the time being a resident in the possession

and within the peace and protection of the laws thereof.

So far as persons who are British subjects

are concerned it should be unnecessary to point out to the

Consul-

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