CO129-378 - Governor Sir Lugard - 1911 [6-7] — Page 161

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British subjects in China. It was made an offence many years ago

and it is still an offence for a British subject to incite Chinese

to hostility against their Government. It is an offence which if

you commit in China you will be punished for in the Consular Court.

The reasons, which we have no need to enter into in this connection,

is that this Government acting on the advice and with the consent of

the Home Government thought it wise to introduce into the Hongkong

law precisely the same principle which has long been adopted in the

Orders in Council. This is no new principle. It is a principle to

which we have deliberately pledged ourselves, which the Court must

enforce, and to which the jury must as I say give a reasonable

interpretation of the words used. Now, Gentlemen, the law is that

publishing or selling any book or newspaper or other publication

calculated to incite to tumult or disorder in China or to incite

persons to crime in China------I shall tell you what I told the jury in another case that the question of inciting to crime should

be discarded by you. You might have some difficulty as to whether a

given publication could be really said to be inciting to crime. I

should prefer you to consider whether this publication is likely to

excite tumult or disorder, for I think you will agree with me that

if you cannot find that this newspaper is likely to incite to dis-

-order you certainly could not find that it would incite to crime,

and therefore, gentlemen, I think the easiest plan would be for you

to consider whether this publication is likely to i incite to

tumult or disorder in China. Now the interpretation which I have

given to that is this: it does not mean that you will incite some

readers to revolution, that you will incite somebody to start a

revolution, but whether the publication will incite some of the

humbler Chinese to join in a revolution, to join in a tumult which

is started and which is going on in China. You can put to your-

-selves the practical test now that there has been a great disorder

in Canton whether this sort of article is not calculated to incite

Chinamen to join in that disorder. It is quite sufficient to come

within the law if you think that this article will incite any one or any few of the ignorant Chinese to join in such a turult as you

know