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Hong Kong Monday, Nov. 8, 1937
HONG KONG S MAGISTRATES
None of whi
that there frequently
a serious
ven in the tasks of
muzzles and
ibility
kers
Ladmanstration and good
smp both can be aided or arred by the system of law en- forcement. It is hard to see, therefore, that there can be any-
but net loss to
there
to
ing term
In criticism of Hong Kong's that magistrates, there is nothing: princip
particularlyne Mr K Cdends for the public
38 departure from Cout|
an unsatisfied mind is not!
to hope defence of
Fice.
olated instance. The rarity What Price Peace?
of appeals – may be attabuted
2
rather to an attitude which –What warrant there is for the views a fine of $10 or $20 as not suggestion that Germany may worth a legal challenge, to ignor-accept the role of mediator in anee, or to sheer inability to pur- the Far East is no more appar- sue the matter further Intent than Japan's willingness to such cases, the foundation for consider it. What Mr. Hirota criticism is not aways easy to and Prince Konoye may be pre assess. When, however the Col-pared to do is by no means ne- ony's Chief Justice examines a cessarily in line with military Hearned Magistrate's judgment,lides Nothing is more cert
and makes such observations as to day than that Prince Konoye were passed in the Mark appeal like Mr Hirota as Premier last case, an issue is raised which year, has failed to keep the cannot lightly be dismissed. Anny elements subordinate.
For a criminal court to direct Both men, outstanding charac itself that it may infer the guilt ters as they are, cannot dam the of the defendant is a travesty of Japanese current of forcible ex- criminal justice In this pansion which has flowed so case, the Magistrate chose to ad-strongly since 1931. For the Journ, after hearing the submis-Army and Navy are closer to the sions made on behalf of the de-people, especially the peasants, fendant, not because of any evid- than the intellectual political, ence which arose ex-improviso in and business, liberals. They are the course of the defendant's case more in the direct line of Japan- (that could not be so because the ese national tradition, and their defendant did not give evidence) militarism can evoke a patriotic but for no other reason than that fervour with which the sober the case for the prosecution had policy of liberal peace cannot obviously not been made out. In compete for popular favour. doing so, the Magistrate took Above all, they have Disraeli's upon himself the duty which successful argument success. rests on the prosecution: for-Japan has won her national se- tunately this is a rare attitude curity and Imperial expansion, for any court to adopt Ilike other Powers, by force, by have ruled against the conviction wars with China Russia, and on three grounds, though, of Germany, and by annexation of course, my decision on the first Korea and Manchuria. The liber of these would have been suf-als cannot point to any such. ficient I think, however, I am tangible benefits of peace, whilst justified in dealing with them all they also have had to contend at length because of the import with the atmosphere of force in ance in the public interest of such the Far East- The potential magisterial acts as have been Russells, Gladstones, and disclosed in the case."
leys of Japan," says Mr. Tsura-
Such strictures as these, in the mi strikingly in his book on course of a long judgment, pan, “have had to work reveal a danger to good govern thundering guns of the 'ment which inevitably and ur Powers blowing
gently demands re-
ition territories, new which new spheres
of the system under magistrates are appointed. Forinot surprisin there must be no mistake about
the mear
Sir Atholl Ma
Gregor's indgment.
chnically it wa
decision
and
that they
different brand