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QUEEN'S RD. CENTRAL
CMENA
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79, QUEEN'S ROAD, CTL
THE CHINA MAIL, THURSDAY, SEPTEMBER 10, 1936
DISTRIBUTION OF HANDBILLS
LEGISLATIVE COUNCIL
MEETING
time under the principal Ordin.] ance and all of them are explained | in the memorandumi· of · Objects jand Reisons attached to the Bul
I desire respectfully to emphas- the last paragraph of the
Intention Questioned
lae
MR. LO'S AMENDMENT DEFEATED Attorney-General's remarks,
I should point out at once that! of the Paragraph (13D.) is one 'subsequent sections' mentioned by: the Attorney-General. Now, was it intended that paragraph (13D.). so far as concerns its scope and ambit, should differ materially from Section 50 of the Regulation of Chinese Ordinance, 1883 If
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Strong objection was raised by the Hon. Mr. M. K. Lo at yesterday's meeting of the Legislative Council to an amendment to the Summary Offences Ordinance, whereby all notices and pr clamations must be submitted to the Secretary for Chinese Affairs Phone: before they can be distributed. Failure to do so would constitute
3312an offence.
In Committee, he proposed an amendment which governed only a handbill or proclamation "which is or may be calculated to
the Secretary for Chinese Af be prejudicial to peace and good order, or to the friendly rela-
so, we should naturally expect to meetings of public companies, an-1 tions between the Colony and any place outside the Colony find such amendment explained in nouncing deaths and funerals, and fairs) could refuse permission for The amendment was defeated.
the memorandum of Objects and of bona fide trade advertisements the posting up or exhibiting when- Reference was made by the Hon. Mr. J. J. Paterson during Reasons attached to the 1930 Bi, (and circulars. If it is considered/ever he considered that the pu-
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DAILY CROSS-WORD PUZZLE
This cross-word puzzle has been made by an expert but our readers are warned to look out for occasional phonetic spelling, such as harbor, plow, and altho.
11
12.
$11
1126
30
25
25
149
153
HORIZONTAL
1_Preposition
not be
pro-
corsideration of the Bill to unsightly advertisements and signs
"In what way were the amend-necessary that all such documents.blication of the notice or on the hillside in the New Territories.
Ordinance if written in the Chinese language.clamation would be prejudical to ments of the 1888 Councillors present were: by the Attorney General in hold-explained in the memorandum of should have received the approval peace or good order.
In Interests Of Peace His Excellency the Governoring that distribution of handbills Objects and Reasons attached to of the Hon. the S.C.A before dis-
These facts. I submit, indicate (Sir Andrew Caldecott. Kt, was not covered by the scactment, the 1950 Bill? The only words in tribution, why should it
that sach clearly that ever since 1884, if not CM.G.. C.B.E.):
was wrong. I hope I may, state the Objects and Reasons relevant considered necessary His Excellency the General the logical corollary of this name to our discussion are as follows: documents, if written in the Eng-before that date, the Legislature. Officer Commanding the Troops ly, that if the legislation was not
2. Clause 2 transfers with amend-lish language, should also have has considered that in the inter- *be dis- ments certain provisions of Ordin-been-censored, prior to distribu-lests of peace or good order a cen- (Major General A. W.. Bartho-intended to apply to
other appropriate sorship of proclamations and no- ob
ance No. 3.of 1888 to this general tion, by some lomew, CB, C.M.G. C.B.E., tribution of handbills, then
Ordinance.
authority, say, my Honourable tices in the Chinese language was D.S.0.):
viously the magisterial decision
The new paragraphs (134) friend the Inspector-General of essential. correct-- The Colonial Secretary (Hon. mentioned above was
(138.), (13C.), (13D.), and (13E)
That being so, is it reasonable Mr. R. A. C. North):
which disposes of the only reason
are derived respectively from sec- Police?
"Frankly, Sir, I cannot see what to suppose that the Legislature in tions 25 and 27, 22 and 27, and 23 The Attorney General (Hon.advanced for this Bill Mr. C. G. Alabaster. "K.C.,
and 27 and 30 and 31 of that good such in enactment. can do in 1884 thought that a notice or pro- "I accordingly turn at once to
Ordinance. O.B.E.):
the source and origin of the enact-
"Sarely it cannot be suggested practice. If anyone were minded clamation prejudicial to peace and to distribute objectionable hand-good order would be objectionable The Acting Secretary for ment in order, if possible, to ex-:
As the that any material amendment of bills he would not go to the S.C.A. if posted up, but unobjectionable Chinese Affairs (Hon. Mr. W. tract its intention.
than a distributed by hand? At any J. Carrie):
Attorney-General has pointed out, Section 50 of the 1888 Ordinance for approval. any more
ever intended; certainly no thief would invite a policeman to rate, as I have stated, the practice The Colonial Treasurer (Hon. paragraph 17 of Section 3 of the was
on his thieving of the Secretariat of Chinese Af Mr. E. Taylor, C.MG.): Summary Offences Ordinance, 1932 explanation of the effect of any accompany hims
Hon. Commander G. F. Hole, (hereinafter referred to as pars amendment was given in the Ob-expedition. And the only people fairs has been to censor bandbills
to suffer under the law, if this as well as posters.
-
R.N.. (Retired) (Harbour graph 17), was taken from para-jects and Reasons
"I submit very strongly that Bill is passed, would be the poor We know from our histories of
Master):
graph (13D.) of Section 2 (b) of Hon. Mr. T. H. King (In-Ordinance No. 22 of 1930 (here-alike under the 1888 legislation and ignorant lads employed to do the Colony that when the Peace the distributing - either know-Preservation Ordinance, 1884, was spector General of Police): inafter referred to as paragraph under the 1930 legislation, and,
Hon. Dr. A. R. Wellington. (13D.)"), which is in the following finally, under the 1932 legislation.ingly in defiance of the law bypassed it was rendered necessary the mischief aimed at was and is those who want objectionable by the occurrence of a serious riot C.M.G.. (Director of Medical terms:- and Sanitary Services);
(13D.) in any pablie street, road posting up or exhibiting, and not handbills distributed, or unknow-in a certain small section of our Hon. M. A. G. W. Tickle, (Dir-} ector of Public Works, Acting)::
Hon. Mr. J. J. Paterson; Hon. Mr. J. P. Braga, O.BE.; Hon. Mr. S. W. Tso, C.B.E, LLD.;
Hon. Mr. M. K. Lo; Hon. Mr. T. N. Chau;
8
Hon. Mr. M. T. Johnson:
12
13
Hon. Mr. A. W. Hughes; Hon. Mr. E. Davidson;
HORIZONTAL (Cont) ¦ VERTICAL (Cont.)
15-Explode suddenly 20-Exist
18-One versed in air-
craft
3-The wearing away 41-Bind
of rocks by water 14-Menda
s-Company: (abbr.)
10-Artiere
12-Lifting device 14-Feminine suffix
15-Small drinking
vessel 17-Product of pine
trees 12-Emmet 19-Deep lethargic sleep 21-Half a score
23-And (Lat.}
24-Bent over 26-Very
27-An insect -22~Flas 30-Unfastened
31-Interred 32-June-bug
24-Crimson
35-A thoroughfare
(abbr.)
27-Holde
44-Foot-like organ <5-Before 47-Woodland sprite 48-By
49-Lawn covering 61-Harkens ss-Bone (Lxt) 54-Moved rapidly 55-Pronoun
VERTICAL
1-Ahead 2-Dim
3-Evening (Poet). 4-Musics! note
5-Coma
·6-Suffix OSI.
7-Lace fabric
3-Seals with wax 9-Conjunction 11-Interest (abbr.). 13-Large cask
15-Call of the dove
19-Guided 20-Sends back |22-ingredient of certain
BOUDS
24-A title (Sp.) ||25-Ventures
27-Article of furniture 29-Command 33-Water-bottle 36-Rows 38-Strike gently 39-Tavern
GOLA small fruit 42-Epoch
44-A vegetable 46-A letter 4-Suffix Footed
49-Depart
50 Country of Europe
(abbr.)
(51-Pronoun
Mr. D. M. MacDougall (De- puty Clerk of Councils).
or place posts up or exhibits, or causes to be posted up or exhibited any notice or proclamation in the]
|"distributing."
ingly and in ignorance of the law population, the leaders of which, Conflicting Decisions
by those who want unobjectionable by the issue of subversive and "The Attorney-General has re-and bona fide circulars distributed threatening placards, sought Chinese language without the per-ferred to two conflicting magis- "I shall therefore propose an stir other sections of the commun- mission of the
for Secretary terial decisions, but I submit that amendment in Committee." Chinese Affairs or â District
Language The Same
thoroughfares,
to
as
ity into open revolt, so that troops Proposed Amendment
had to be called out in aid of the Officer This paragraph is not to on the wording of the legislation from 1888 to 1932 mere 'dis-
The following is Mr. Lo's pro-police. It may well have been apply to Government Notices.
tributing" was wrongly held in
posed amendment:--
}that fifty-two years ago the dis- "That paragraph 17 (of Section seminators of subversive litera- It will be seen that this lan-1931 to be, and rightly held, in
3) of the Summary Offences Or-ture favoured posters instead of guage is substantially the same as 1932 not to be an offence under that of paragraph 17, the only the enactment I notice that the dinance 1932 be amended by the bandbills, but we know from the substitution of the following troubles of ten years ago that difference being that in paragraph Attorney-General does not suggest 17 the phrase "public place (which that, from 1888 to the first magiswords for the words set out in the these disturbers of the peace stift
in 1931, it had
said paragraph:---
exist and that for a long time they Summary: Offences Bill by statutory definitior includes all terial: decision
***In any public place dis: have made use of handbills The Attorney General moved piers.
streets, ever been regarded by anyone in
tributes posts up or exhibits, or well as posters to cause trouble. the second reading of a Bill "to roads, lanes, etc.), is used instead authority in the Colony that dis- was an offence under
causes to be distributed posted
I am sorry the Honourable Mem- amend further the Summary of the words in paragraph (13D.) (tributing
the enactment
up or exhibited, any handbill her has thought fit to suggest that Offences Ordinance, 1932.". jof public place road or places."
"Notwithstanding the officially
notice or proclamation which is there is any racial discrimination The Colonial Secretary se- "Now we know that paragraph
or may be calculated to be pre-in the Bill. There is none. Of- conded.
(13D.) was not a new enactment avowed object of this Bill, I sub-
judicial to peace or good order fenders against the enactment are (nor was it considered and passed mit therefore that the effect of
Or to the friendly relations
to be punished whatever their as such by this Council). for we the proposed amendment is not to erroneous magis-
between the Colony and have the Attorney-General's au- get rid of an
race or nationality and the enact- place outside the Colony."
ment appears rightly now, where Government Reply
it was put in 1930, and where the
Hon. Mr. M. K. Lo's-
Speech
K. Lo said:--
terms:-
that
the
the
a more cogent
any
The Attorney General:---- Sir,!
plication.
In transmitting to Your Excél-
Hon. Member omitted to enclose a
pro-
I
censorship
the
the
In his speech the Hon. Mr. M. thority for saying that it was in terial decision given contrary to turn taken from Section 50, of the the spirit and intent of the enact- "Your Excellency-My Honour-Regulation of Chinese Ordinance, ment, but to enlarge the scope and able friend the Attorney-General 1888, which is in the following ambit of that enactment And The object of clause 2 of this Bill Legislature of 1884 originally pat feel I can hardly crave in aid of; is to maintain the practice of cer-it, in an Ordinance of general ap- states, in his Objects and Reasons,
50. (1) No person shall post up my submission that the object of this amending
or exhibit, or cause to be posted support than that furnished by the sorship of handbills in the Chinese Ordinance is to bring the distri-
up or exhibited, in or near any circumstance that the Law Officers language which has been carried bution of handbills again within
street, any public notice or proof the Crown did not appeal from as long as anyone in the Secre-lency a copy of his speech the the mischief against which the
clamation in the Chinese language the 1932 magisterial decision to tariat of Chinese Affairs can re- without the permission of paragraph is aimed. It therefore
Full Court. If the magis member, but which a recent ma- copy of the amendment he Secretary for Chinese Affairs. becomes necessary to consider the
(2) The Secretary for Chinese trate's decision were wrong, it is gisterial decision has held not to Posed to move in Committee. history of the legislative enactinent
Affairs may refuse such permission inconceivable to me that the Law be authorised by paragraph (17)nderstand it was sent to another
sion. in question in order to ascertain.
whenever be considers
the Officers of the Crown should have of section 3 of the Summary ofsource and delayed in transmis
Abolition Of Censorship from the language of the enact- publication of such notice or pro-refrained
from exercising their fences Ordinance. What we have
If his amendment is designed to ment, whether it was ever intend-!
clamation would be prejudicial obvious legal remedy of appeal to consider is not whether the ma- remark gistrate was right or wrong in the
preserve the existing incidentally peace or good order: Provided that ed to apply to the distribution of
this section shall not apply to And I may handbills. If it was intended to
that it seems to me to be a some construction he placed on the en-
on laddition of a paragraph Government notices. apply to the distribution of hand-
"In moving the first reading of what novel proceeding that the actment, but rather what is the and merely to clarify it by bills, then I agree that the second the Summary Offences Amendment Executive should seek the reversal mischief against which the prolines of subsection (2) of section by vision was aimed. Having ascer-50 of the repealed Ordinance No. a magistrate's magisterial decision referred
which of Ordinance, 1930, under
tained that, we should then amend
3 of 1888, which sets out that the (130.) became law, legislation. paragraph
the law so as to make the matter Secretary for Chinese Affairs may YESTERDAY'S SOLUTION
Racial Discrimination
be the Attorney-General said:-
refuse permission whenever ""In the first part of this Or "Paragraph 17 is, to us Chinese, clear.
The Hon. Member has traced considers that publication would dinance amendments are made to an unhappy relic of an Ordinance
was frankly racially dis-the origin of the provision back to be prejudicial to peace or the Summary Offences Ordinance which
and section 50 of Ordinance No. 3 ofjorder, I think the Government character, in respect of firecrackers, proces-criminative sions, notices and things of that which was always repugnant to us 1888. It goes back even further might accept the amendment
as far back would only state more clearly the NATES: kind which were formerly dealt the Regulation of Chinese Or-than that, certainly
practice, But if, as I with under Ordinance No. 2 of dinance. 1888. We rejoiced in its as section 10 of Ordinance No. 22 existing 1888, and it is considered desirable repeal in 1930. As a representa- of 1884, which was intituled "The have been told, his amendment is designed to abolish the censorship that they should be transferred to tive of the Chinese I cannot. Sir, Peace Freservation Ordinance."
When the enactment was trans-provided by paragraph (17) a general one, so they are trans-lightly acquiesce in the enlarge- ferred to the Summary Offences ment of any of its surviving pro-ferred to Ordinance No. 13 of 1883 section 3 of Ordinance No. 40 of (later renumbered as No. 3 of 1932, the amendment could not be Ordinance of 1845. Subsequent visions.
"We get handbills daily-band-1888) express provision was made accepted by the Government and sections cre amendments which}
(Continued on Pagè 11) have been suggested from time to bills by way of reminders of that the Registrar General (now
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