CO129-508-7 Opium on Macao market 10-1-1928 - 9-11-1928 — Page 68

Extract from "Hong Kong Daily Press", dated 18th April, 1928.

68

LIBEL ACTION

RESULT.

Mr. Lobo.

had held that there was no evidence In the course of his judgment, to show that any of the members of the Chief Justice said: In view the Legislative Council of Macao of the action of the Government of! had read and understood it. With Macao with respect to the termina- regard to 16 lawyers, he had held tion of the opium contract with the there was evidence of an actionable of the publication to Dr. C. M. Leitao, but

not to the remaining 15.

MR. LEE HYSAN SUCCEEDS Yue Sing Company and

A DEFAMATORY LETTER.

PUBLICATION PRIVILEGED AND NO EXPRESS MALICE.

As regards publication in Hong Kong it was proved in the case of Senor Albuquerque, the Portuguese Consul General, and Mr. Cheung Choi, but the former publication was made after the issue of the writ and was not therefore actionable in the proceedings. In the latter case it was admitted but was alleged to have been made for the purpose of obtaining a translation

61

of the

Fung letter" in Chinese. His Lordship was of the opinion that each publication proved was in the absence of evidence of ex- made on a privileged occasion and

press malice the case for the plain- tiff must fail.

public announcement as to the future policy of that Government with regard to opium, it was quite natural that the defendant should have been surprised at the rumours and information to which refer- ences have been made. He said that in consequence he started on the preparation of a petition to the Governor of Macao in which he set Judgment was given by the Chief out his general services and behe- Justice, Sir Henry Gollan, yester and his fulfillment of all obliga- factions to the Colony of Macao day in the action for libel brought tions under his contracts with that by Mr. Pedro Jose Lobo, of Macao, Government, and on these grounds

he based against Mr. Lee Hysan, of Hong sympathetic treatment at the hands a claim for fair and Kong.

of the Government where his in- The alleged libel was attached to terests or those of the Yue Sing a petition sent by Mr. Lee Hysan fendant stated, and his statement

Company were concerned. The de

to H.E. The Governor of Macao is borne out by the evidence, that: and other persons.

According to the original of the petition had the complainant a statement was

been typed and copies of it and most of the appendices to it had made that $120,000 had been paid been already printed when he re- by the Yue Seng Company to en- ceived a letter dated August 23rd. able them to acquire control of the result of enquiries suggested in the 1927, from Fung Cheong with the Macao Opium Monopoly and Mr. letter of the defendant to Fung. Lobo considered the words used That letter, which was included in reflected misconduct in his duties the petition, carried substantially as an official of the Macao Govern- plaintiff and

the meaning placed upon it by the was defamatory to him. No attempt was made to The Chief Justice held that justify that defamatory meaning His Lordship then dealt with and the defendant, through his the enquiry which was instituted by although the letter was defamatory counsel, expressly stated that he the Governor of Macao. He said to the plaintiff, its publication in made no reflections on the honesty he could see nothing in the defen-

or official conduct of the plaintiff.

Publication.

ment.

costs.

was

Question Of Express Malice. Counsel for the plaintiff had argued that the phraseology of the petition and of the “ Fung letter " showed that the defendant under the influence of anger and that his language was of such a

conclusion that he was actuated by violent character as to lead to the

wrong feeling against the plaintiff. His Lordship said he had con- sidered the language complained of, but could not see that it dis- closed any excessive violence of language.

dant's evidence given at the enquiry which could be considered as show- malice, or as showing that he was ing he was actuated by express under the influence of any wrong or sinister feeling.

C

each instance was on a privileged occasion and there was no proof of

The plaintiff further alleged that express malice on the part of the the petition, including the "Fung defendant. Judgment was, there- letter,'

"" came into the hands of cer-. fore, given for Mr. Lee Hysan with tain persons in Macao and Hong "In the result I have come to the Kong and was published by them. conclusion" said the Chief Justice, Mr. Eldon Potter, K.C., and Mr. The vernacular in Macao was F. C. Jenkin, instructed by Mr. Portuguese and the plaintiff must defamatory to the plaintiff, its pub. that, though the Fung letter' is Blake of Messrs. Wilkinson & Grist, show affirmatively that the persons lication was in each instance on a appeared for Mr. Lee Hysan and to whom the label was delivered privileged occasion and that the Mr. C. G. Alabaster, K.C., and Mr. read and understood its contents. plaintiff has failed to prove that, in Sheldon, instructed by Mr. F. H. His Lordship said that he was of making any such publication, the Loseby of Mesers. Lee & Russ, for Macao read and understood the let malice. My judgment is for the de- the opinion that the Governor of defendant was actuated by express ter but, at the end of the case, he fendant was costs