CO129-377 - Governor Sir Lugard - 1911 [5] — Page 59

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

1

COPY.

No. 3 in 7606/1907.

His honour

Sir,

Enclosure 1.

C.O.

18652

RECO &

Cover JUN

Hongkong, 3rd. kay, 1911.

57

It would appear as I am informed, from

Your honour's 'suming up' to the jury in the recent prosecut-

-ion for printing and selling "seditious literature" in the

Colony, (I have not myself seen the summing up) that Your

Honour did not consider that the words used in the book as

quoted by the prosecution were such as to warrant a conviction

under Ordinance 15 of 1907.

The publication referred to used very

abusive languape in regard to the Lonchu Dynasty and the infant

Emperor, and the extract quoted in Court ended with an exhorta-

-tion to devour the Mancous alive.The Ordinance in question was

passed by the Legislative Council since I came to the Colony,

and I have no hesitation in saying that it was the intention

of the Governor-in-Council in drafting this Bill to include

such publications as those now referred to under the phrase

*calculated to excite tumult or disorder in China, or to excite

persons to crime in China". In these circumstances I have the

honour to solicit Your lionour's advice as to what amendment of

the Ordinance, and what form of words would more adequately

convey the intention of the Legislature, with a view to suppres-

»sing the printing, sale, distribution and publication in this

Colony of literature such as that which was the subject of the recent prosecution.

I

The Chief Justice.

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