CO129-454 - Acting Governor Claud Severn - 1919 [4-6] — Page 187

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

183

The

his own opinion and not making a definite allegation.

Passage gives no indication of opinion but only gives indicat-

ions of allegation. on the assumption, however, that it is

comment it is submitted that it is clear it is not fair comment.

The burden of the whole of the rest of the letter is that no

electrical communication exists; that it ought to exist, that

the Police Stations have been crying out in vain for it, that

the Government (not the plaintiff) has neglected both the noed

and the cry, that the writer hopes the New District officer will

persuade the Goverment to change both its view and its

a

ttitude on this one question (not that the views or attitude

or attention to duties of the Plaintiff ought to have been

changed) which is the sole question with which the writer is

concerned, Now then can a general charge of neglect in respect

of duties other than tho se relating to this one question come

within the bounds of what is fair.

Not only this but "fair comment" must be founded on facts

truly stated. The writer slips up badly here. His facts are :-

(a) That the Government have neglec ted the question.

on

the contrary it has had the close attention of the

authorities,

(b)

That the Police Stations have been crying out in vain.

They have not cried out at all.

(c)

That the plaintiff could by his efforts have ensured

the provision of communication. As a Junior officer

subordinate to the Goverment he could have done

nothing of the sort whatever he had done unless he had

provided communication out of his own pocket and,

apart from the fact that he had no pocket out of which

to provide it, it is very doubtful if he would have

been permitted to personally provide it.

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