Extract from "Hong Kong Daily Press" dated 29th March, 1928.
64
THE MACAO OPIUM last three lines contained a sinister
CASE.
MR. POTTER'S STRONG DENIAL OF MALICE.
suggestion was nonsense. The lines meant that $120,000 had been paid out by the company and they were announcing that fact to the share- holders, being on a jolly good thing.
Opium Monopolist In Macao. Mr. Lee Hysan had many in- MR. LEE HYSAN'S EVIDENCE, telests in Macao. He had been the
opium fariner, or rather the moving spirit in the opium farming. He was connected with the life of the Colony and had subscribed very large sums to charities.
The libel action brought by Mr. Pedro Jose Lobo, an official of the Macao Government against Mr. Lee
His firm was the opium mono- Hysan was continued at the
ponist until 1927 when in accord- Supreme Court yesterday before ance with the rules passed at the the Chief Justice (Sir Henry Geneva Convention the Government
Gollan).
Mr. Lobo claims that Mr. Lee Hysan libelled him in a petition, sent to H. E. the Governor of Macao and other persons, which, it is said, accused plaintiff of malpractices while in charge of the department controlling the production and dis- tribution of opium at Macao.
Mr. Eldon Potter, K.C., who ap- pears with Mr. F. C. Jenkin for the defendant, continued his address to the court yesterday morning.
No Malice.
In view of His Lordship's ruling that publication was privileged, Mr. Potter said that the most im-, portant question was that of malice or no malice. There was a pre sumption of bonâ fides on the part of the defendant and the malice which had to be established must be against Mr. Lobo. Actually there was 00 malice against anyone. Malice must be the force which actuated the publication of a libel. They had been told that anger was sufficient but that was a misleading statement of law. Mr. Lee Hysan never had a personal attack on Mr. Lobo in mind. Mr. Lee received certain information and the only conclusion he could come to was that it was a matter for investiga tion.
of Macao decided that in future they would not grant the opium monopoly to a private firm or in- dividual but would work it as a Government department. This im- portant change was advertised in the Government Bulletin. The Yue Sing Company, Mr. Lee's company, was called upon by the opium ad- ministration department for a list of furniture and utensils and also a valuation so that the Government could take them over.
When Mr. Lee Hysan was opiuni monopolist one of the managers of the Macao business was Lu Kin But, formerly manager of the Yue Sing Co. That man was employed by the new administration. About the same time a firm was formed in Hong Kong, known as the Yau Sing Company. This was at the crucial time when the monopoly was being taken over by the Macao Government.
It was rumoured all over Hong Kong that the firm had obtained the opium monopoly from the Macao Government. They were in fact issuing share scrip. It was in fact represented to the subscribers that the company was the monopolists and that they had an office in the opium administration building in Macao. That was the information received by Mr. Lee Hysan.
Mr. Lu Kin But signed the share scrip issued in the name of the Yau There could be no suggestion that Sing Company. About this time Mr. Lobo was blackguarded under
there was undoubtedly a firm repre- the cloak of a privileged occasion.senting itself to be the opium mono- Mr. Lee Hysan might have strong views on the administration but it was difficult to see how there could be personal spite as Mr. Lee Hysan and Mr. Lobo were unknown to each other.
If Mr. Lee Hysan had reason to believe that the opium monopoly had been handed over to a private firm without tenders in the open market, then there was a matter which justified him making a com- munication of a strong nature and passing on a letter received from another man.
The letter taken as a whole was incapable of having a defamatory meaning. The suggestion that the last three lines contained a sinister suggestion was nonsense. The lines
polist.
"If that were not sufficient grounds to justify Mr. Lee Hysan making enquiries I do not know what would be," commented counsel.
The two companies were confused and the position appeared to be most serious. The matter was in placed before the Governor Council and Mr. Potter submitted that taking the facts of the case malice was absolutely negatived and Mr. Lee Hysan had the strongest grounds for taking the matter to the Governor in Council. The honest intention of Mr. Lee Hysan was to have an investigation into the circumstances which had been brought to his notice.
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