HL Deb 03 March 1859 vol 152 cc1167-8
EARL GREY

presented petitions from Inhabitants of Newcastle-upon-Tyne and Tynemouth, praying that an Inquiry may be made relative to the Trial at Hong Kong of William Tarrart, Publisher of the Hong Kong newspaper, called The Friend of China. The facts alleged seemed to be that an officer of the Government having been accused in a newspaper, called The Friend of China, of a very serious offence, namely, that of complicity with certain Chinese pirates; and another public officer of having screened and sheltered him from punishment, by having destroyed certain papers which contained evidence of the transaction. The parties accused indicted the newspaper for libel, and at the trial, the jury, without hearing evidence to support the justification pleaded by the defendant, found a verdict for him, thus showing their opinion that the account in the newspaper was correct. It would seem most impossible that such a case could occur as was involved in the conduct of the officers of the Government in question, but there was the fact of the trial, and the verdict in favour of the newspaper. This matter had caused some excitement in the north, and public meetings had been held at Newcastle and Tynemouth, at which the petitions he had presented, praying for inquiry, were agreed to. He thought it desirable that the Under Secretary of State for the Colonies should, if he could, offer some explanation.

THE EARL OF CARNARVON

was understood to say that the facts to which the noble Earl had alluded, so far as the trial was concerned, were correct. The case which the noble Earl had mentioned had excited very great local feeling; but the facts formed part of a much larger question, connected with the suspension from office of the Attorney General of Hong Kong, and which was under the consideration of the Colonial Office. The papers relating to the inquiry already received were most voluminous; he had the curiosity the other day to have them weighed, and he found that they amounted to eleven pounds of closely printed paper. The whole matter was before the Colonial Office, but its settlement was delayed by the continued flow of communications on the subject from the colony, every mail bringing fresh papers and evidence. He would not pronounce an opinion on the portion of the question to which the noble Earl referred while the whole case was under consideration. The simple facts were that Mr. Chisholm Anstey, the Attorney General, in a speech made by him in the Legislative Council, made charges against another public officer most deeply affecting his character and that of his wife, accusing them of having taken bribes from the natives. On the other hand a statement was made containing nineteen counter-charges; which were submitted first to the Board of Magistrates and then to a commission, and pending these inquiries, the Attorney General was suspended. Sir John Bow-ring was absent from the colony; but instructions had been given to the Acting Governor to make every inquiry into the matter. The prosecution for libel was simply a fraction of a greater case, which was under the consideration of the Colonial Office, and he could not express any opinion upon a part while the whole remained undecided.

EARL GREY

said, that these charges made against public officers of a colony and supported by the verdict of a jury, were too serious to be answered by saying that this matter formed part of a larger inquiry. Unless there was clear ground for believing that the jury came to an erroneous conclusion, no public officer ought to be allowed for a day to exercise the office of Colonial Secretary, and it was not satisfactory that this case should be postponed until a larger part of the question was inquired into.

THE EARL OF CARNARVON

had said, that this case was a branch of an inquiry which had been referred to the Home Government. The acting Governor of Hong Kong had been directed to make an inquiry, and receive all explanation on the subject.