WORLD PATENT
DEXION
SLOTTED ANGLE
| ENGINEERING EQUIPMENT CO. LTD. H.K. & Shanghai Hauk Bldg. Tel. 27789
CHINA PROVIDENT'S
SECOND MOST PROFITABLE YEAR
The China Provident Loan & Mortgage Co., Ltd., enjoyed in 1955 the second most profitable year in the company's history,
This was revealed at the annual general meet- ing this morning by the chairman, Major S. M. Churn, who said that tonnage handled increased by 70 per cent and the net profit was up by 151⁄2 per cent.
He also revealed that the company's sub- sidiaries had again operated profitably.
Fortunately,
Addressing! : hareholders, Major Liderably reduced. Chum sule:
this source is but a very small part of our revenue.
The you 1955 was the second most pradable Yetir 201 the
Our motor truck Rection Company's history, but although, malutained its revenue, but this tommige handed increased by business is also cut-throat and 70% the how proti margins only justified as a feeder servlet
smer
my speech last
year did not result in an increase in it commensurate with the additional work involved How- ever, we did increase" Airton- ringe as previously statesi, and also the net profit by 1545%.
Heavy movement
Heneral enge throughout the yes taxed or storage arcommunisbution
lu
the ubaost, but we were at all times able to accomsexdate inur Jinrensing chentele
During the year we furd Harpe new steel highters halt at Tat
to
clients.
I again have pleasure in eme the excellent and conscientious per- view the company receives from its clerical and
1 down staty afloat, to which so and star much of We Company's Unued success is due.
Ini
mending to hareholders
400-
the balance sheet you will note that assets have decreased by two lakhs. This reduction is offset by reductions Th the liabilities vide
the bunk Joann payable and
ku Dory and and ponchusast as i werkraft, eter diesel
Tugboat,
which have ben i Tise Mine commissioning:
Qoy subsidiorja, lave rate f par fully
friisited their
spurdas
Prot & Laws arenunt
01 reditors. Can! The shaft provident furiels "env tanet at $680.434 and are vestrd
again, by Trustees,
con-
te
While 1955 was not al free
yenr, it wa 73.ly
יין
Several insit unavındaħales cližestits des cara men us a fatal
+ $2,013 in claims.
THE NET PROFIT
The net profit for the year 1956 was $1,513,173, belog an
$203,995 15 6% increase of over the profil for the previous financial period,
ļ
VERY SATISFACTORY The
position of investments In our subsidiaries at $6,163,003 seomthues to be very satisfac- tery After dedueling the ductuntion reserve, per contra, the net book value of our hold- Ing of Sandakan shares is $3.02 per share, and of North Point Wharves
shores $4.50, both of which are well below market į values.
Shown wader sundry debtors Turning to the Appropriation of $733.400 being the balance and debit balances is the sum Account you will note
that, due
on the sale price of godowns small adjustments, thr 1714
Nos. 15, 16. balance brought forward from deeds are still in the company's 1954 was $1,211,690, to which i
1035 proftt added
15 above.
Appropriations to the sinking total available tur making ir
funds have been made in full. of $2,724.BUD. appropriation
The After making the usual appro-
provisions for possible losses to res priations
by
marine reserves and writing
typhoon. Geritenis your CAPVTISCH,
and depreciation a divi- Investments, &e, now stund al
marly $5 rallion.
The reserve
of New Issue Directors will propose dend of $1 per Shitre on the increased capital. a bonus to
the staff, and a carry-forward to next account of $1,118,423.
On the face of it, to malu-
tairy Th forgo the
Jetingrade
WHI
dividend
male
may sen
share-
The Jast
step, birt holder's
realus that inselm bones share Iscape
Incrensert year
the issued Capital by 25% and therefore
the distribution now propised 14 $52,000 more than for 1954 and is the larges
mad by ever
the Company.
adequate.
Following
title The relative
ان
for taxation Es
the precedent set
Jast year, we have included in
on
CHINA MAIL
FRIDAY, APRIL 6, '1956.
SIDE GLANCES
By Galbraith
TMA DA PAL DI
+ MA Berume, be
gothamed
312
"Remember now, don't baby him! That was my mistake - spoiled your father!"
A TYPICAL MIXTURE
OF WEATHER
The weather of last month was the mixture typical of March in Hongkong hot, muggy spells with extensive fog alternating with cooler periods very little rain, reports the Director of the Royal Ob- servatory,
but there
Wis
The first hall of the month but was mild and pleasant rather cloudy, and there was a smal amount of rain on the
this period 3rd.
મ
During number of depressions formed Brea and the Loochooя kept Hongkong, for the most part, in the NEly monsoon.
DVET
Today's Gazetted Appointments
The following appointmenis were announced in the Govern- ment Gazette today:
Mr J. C. Charter to be Acting Assistant Chief Architect, Public Works Department; Mr A. E. Claasen to be Acting
Structural
Engineer, Sentor Public Works Department; Mr A. Bailey to be Acting First Clerk, Colonial Secretariat, vice Miss Smalley.
It was also announced
that Mr R. Hogarth, Controller of Poots, has resumed his duties on returning from leave.
New Barrister Admitted
Mr By the 15th a ridge from an
very warn
previous day) and the
weather continued until
and
was
J
Augustus Fitzhardinghe Maurice Berkeley was approved, admitted and enrolled to prac- tise as a barrister of the Courts of Hongkong by Mr Justice M.
Hogan, Chief Justice, at the Supreme Court this morning.
the application on hot Mr Berkeley's behalf, the Hon. the Arthur Hooton, Acting Attorney
Gineral, said the motion
was under section 26 of the Legal Practitioners' Ordinance.
the published accounts a state-anticyclone uver the Pacife had ment of this company's balance | pushed well westwards Sheet, combined with that of
hundel air aur subsidisory North Point brought in from the China Sea Wharves, L., which we trust by SEly winds. The tempera. tempera you will and of interest.
ture that day rose to
80 F During the year under review (compared
65 F with
1п the Mr F. X. Cleary resigned from The Board transfer from the Port, and Mr R. Reiertsen was invited to the vacancy.
I beg to propose that the Directers' report, accounts and balance sheet for the year ended December 31, 1955, as presented, be adopted, and that the balance available
appropriation account be dealt with as recom- mended by the Directors, mame- This, to pay a dividend of $1.00 per share, ubsorbing $1,207,283;
In the Anal analysis, share- holders this your receive $5 85
$4 80 compared with
on the same stake in the Company.
COMPETITION
Storage rules have been well maintained churing the year and the turnover was good. unfortunately, was not true with
al
the cold forage business where pay a bonus to the staff at the new rms offered serious com-discretion of the Directors
petition at cut rates, and our $181,317; carry forward to 1956 profi from this cource was con- Account $1,110,423.
FOUR-IN-ONE SWIM SUIT
Exclusively at
史
Trulo
MODE ELITE
Kayamally Bldg.
Queen'
Tél: 24052
was
72 hours.
Mr Hooton sald Mr Berkeley
NINE
SHEAFFERS
Skrip
CHINESE PAPERS FINED FOR CONTEMPT OF COURT Judges Comment On An "Almost Defiant Attitude"
Nine of ten Chinese newspapers were fined sums ranging from $150 to $3,000 for contempt of Court this morning by the Full Court comprising the Chief Justice, Mr M. J. Hogan, and Mr Justice J. R. Gregg.
The other paper, the New Evening Post, was not fined. The Court held that its offence was less aggravated and that the proceedings themselves should be a sufficient warning.
The Crown, represented by Mr W. A. Blair Kerr, Senior Crown Counsel, asked for writs of attachment against the ten papers as a result of articles regarding the arrest of persons suspected of being connected with the Ming Tak Bank robbery which were published on January 21. The complaint was that the articles tended to pre- judice a fair trial and to interfere with the course of justice.
In his judgment the Chief Justice declared that the fact that he did order imprisonment in this in- not in future stance did not mean that he would
cases.
He ordered the writs to issue,
but to be superseded by lines if contempt of court. The case, which paid within seven days. In the ense of limited companies, he ordered levy en goods it the fines were not paid within seven dağı.
are the A
on
On
Miupany cannot be attached for wan decided in 1809, fully supports that proponition and indeed Wright J. appears to have gone even A Uitto further when he said: "Tic prevent application 18 a miwaken one, is a motion to commit two Imited companies, and I cannot make them pay the costs as I should
otherwise have done."
CROWN'S CONTENTION
The following posed:
Yuet Wah Daily News: $300 on Lo Sau-king proprietor); $2,000 (editor); $500 Hung Lail-man The Kal-cito (publisher); $300 or There is really no dispute between Shen Kee Press Ltd.. (printer), the Crown and the respondents on
Gentlemon Yat Pao; $200 on Tung
the submission that a company con- not be attached for contempt, the Keung-kun proprietor and pub- lisher); $500 on Young Lau (editor); Crown fully accept the authority of $150 on Le Min-chi (printer),
in Re Hooley in this connection, but Kung Sheung Daily News: $300 an
contend that it is open to this Court Industrial the
Commercial to fine and
the companies concerned, Daily Press Ltd., (proprietor, pub- supporting this contention by refer flaher and printer); $700 on Wi ence to further passages at page 450 Cho-wu (extitor),
of Volume VI of Halsbury (3rd #360 on Biltion and by reference to the Hung Luk Daily News: Yam Wu-fa (propriato;); $1,200 on case of R. v. Hammond (2. G, &
Hutchinson ex Co. Lick end. Both these capes Yn Tai-ma (editor); 2200 on Fung
parie McMahon. Hak-l printer).
Tui-wah (publisher); $200 on Fok
Ming Sing Yat Fo: '$3,000 Chung Ping (proprietor, editor and publisher); $300 on Shen Ken Press
(printers).
Wah Klu Yat Po: $800 on Overseas Chinese Daily News Ltd. (proprietor and printer): $2.000 on to Kin- clieung (editor); $500 on Shim Wal- 3'au (publisher).
$1,000 on Bio Fen Chiu Yin Po (proprietor and editor) $200 on Lu Min-chi (printer).
Wan Kau Pao; $250 on Wan Chee- $000 on Chan ying (proprie lor King (editor); $250 on Trang Cheuk- sum
(publisher); $200 on Lew Yi- chiao (printer).
Bing Tao Jih Pu
3300 on Slog Tao Jih Po Ltd. (proprietur, pub- Bisher and printer); $500. on Chen Man-ying (editor).
APPLIES TO ALL In imposing also took into account previous carca of contempt in which some of respondents were involved.
the fines the Court
she
The judgment read by the Chief Justice concerned chially the Yuot Wan Dally Newa, but in dealing with se other papers he said that e principles of law also applied to them.
The Judgment read:
In this case the Attomey General has moved De Court to issue writ of attachment tar contempt against-
Te Kal-cho, 4. Bhen Kee Press Lo Sau-king. 2. Hung Lui-man.
Lad, on the grounds that on January 23 the respondents published or paper Yuet Wah Dally Nows items cated to be published in the news- calculated to interfere with the due course of justice is a pending prose- pution. On March 6 this Court gave leave for the opplication to be made
flue
18th when the maximum tem- peratura for the month was re- corded. The
harbour and constal areas were often covered by fog during this period and was well-qualined for admission. considerable disruption of ul- He had practised na a menster craft and shipping schedules of the Chancery Bar in England resulted. The fog sometimes for almost 30 years, having been drified overland during the called, to the Bar by the Inner carly morning but was seldom Temple in November, 1927. thick Chough to affect road
Since that time, Mr Berkeley on the 23rd of the month when Mr
Loong appeared on. behalf of traffic. At Waglan island there had been practising at that Bor.
continuous fog for His certificate of call as required four respondents to show cause why writs of attachment should not by section 27 of the Ordinance Inrue. had been deposited in the Court A COLD FRONT
Registrar. with the
Mr Hooton expressed pleasure Welcome relief was provided in moving the application. by the arrival of a cold front from The Chief Justice said he had the north on the morning of the much pleasure in welcoming Mr 10th which cleared all the fog Berkeley to the Bar in Hongkong and reduced both and humidity: temperature and wished him all success
temperature during his stay here. from 72°F att day, and Stokes
Mr D. B. Evans of Johnson, 50 F at 8 pm., that
and Master, was the there were 7.6mm of rain. After sollellor for the application.
cloudy 3 days of mild.
weather. anticyclonic conditions returned
bringing
Tell
2
on the 23rd
RHKDF AWARDS
It appears from the andavite Gled in this matter that on January
Lord Russell blended to convey
clude it as being unfair to an Accused.
Furthermore, an impression of guilt, oare created, la nat na estly mrsel fully cradlented by tine na thi argument exggests. 11 con quickly be revived In the minds of those who, ke jurora, subsequently hid themissives closely concerned with
The matter.
Indeed, there is authority for the view that in such matter we art | but poncerned solely with the effect us Jurors but should also take into Decount the effect on the pubile as whole. In the core of Reg. v. Balfour-ro Blead Mr Justice Wills asid:-
toove towards the view that what was that where you could not show be trusted not to let their minds be
a clear intention by an individuel to produco a prejudicial 'cllect, never- theless if his actiong were alch int those actions would produce a prejudicial effect, quite independent- by of any intention to do w, then responsibilitiy arose,
an
had
1
The fact that the jurors could
prejudiced was no answer to AppBeation. The Writer hare throw kis contribution
into the suvam of prejudice against the per- sen to be tried, and was anileipot- ing the result of the trial, which was Ian Miegal and improper thing to do.“ That is in the sounder view of In the St. James' Evening Post case the law appears quite clear trem the Lord Chancellor, Lord Harwick the manner in which Lord Chief | Hutch "Nor is there anything of more
consequence, Justica Goddard denit with Sir Hart- | semicjous ley Shawcross'n argument. Accord prejudice the minds of the publiek ing to the same report in The Times (sic) against persons concerned an
Chief Justica
pattles in causce, before the case is newspaper, the Lord dismisses the argument in the fol- trally heard" and latter mentions: lowing temast
"Prejudicina mankind against per- "Sir Hartley Shawers had said gone before the cause in "heard" as that, while his clients abided by
being one of three different sorts of the rule that the editors. and contempt, Tila in an old ease, but proprietors were responsible for It is quoted at p. B, third edition of what was published in their paper, Halsbury's Laws of England as he would suggest any vicarIOUS authority for the proposition I have Bability ought not in law to bo just meritioned, Lord Goddard relied visited upon the employers of a on that point in the Everting Stand- reporter. It was not possible to ard Case 1984. That to prejudico the agree with that submission. Lord
mind of the pubile against the per- Russell in Reg. v. Payne had sakl sont concerned a partice in a CAUID Intended or "calculated"—that was
before the cause is finally heard, likely to interfere with the course
actually influenon the course of of Justice, and, indeed, Lord Wright
trial, not merely through the minds in his short judgment had tised
of jurors but also in its effect on thin the word likely', In the case of
witnessee, was brought out in a gato" the 8 James'n Evening Post the
tried in London a few weeks ago, publier did not know what was the nature of the paper and Lord
Morgan y. Carmarthen Corporation, a case which Mr Valsey, sala should Hardwick said: 'But, though it is
erve as a warning to others to be Trục, this is a trade, yet they must take care to do it with prudence
very careful how they refer to pend- ing actions. Nevertheless, the broad and caution; for if they print anything which is libelious. 31 Ja terms of the propositions, which was no excuse to say that the printer the St. James Evening Post case had no knowledge of the con-expressed with reference to elvi cents.....
CLARIFYING
Cruceedings, must be applied with nome camp and in the light of the Imitations indicated by ones ruch ne This very recent case, in addition
R. v. Daly Mail ez parte Factor, wern decided some years after the
to clarifying the vicarious respon- Hooley case and in each of them the ability of printers and, publianers, SHOULD NOT PRE-JUDGE Court not only fined the limited also brings out very clearly the prin Subject however to such limitationa Kability conpunten concerned, but ordered them to pay the costs as well.publications which tend or are likely
{cipio that the Court
will check and the freedom, unless specifically profited, to publish a fate account These two cases appear to afford to cause prejudice, even though of what happens in open court it
ample authority for unpoanga One apparent damage be done, for On a limited liability company which the case with which Lord Goddani acers to mo wrong, quite spart from the effect on jurors and witnesses, to was dealing the accured had actually been acquitted before the contempt
bund up prejudices in die publie
concerned in mind opalnet Athoso proceedings were heard, and he open-pending criminal proceedings. For ed ile judgment by saying
hig been guilty of contempt, and la course has already been foßow ed by the Full Court in Hongkong in Miscellaneous Proceedings No. 121 of 1953. If I understood Mr Leong rightly, he contended that these comes Wore of comparatively little value as the objections whilch he now aloed had not been setued in thera. if that was his contention I think he in mistaken, aw in the case of R. v. Hammond the objection was
and fully taken
over-ruled by Dering, J. withi Whose docto Avory and Rowlett, JJ, concurred. In the light of these authorities counsel in to later ezes no doubt accepted, and we have no nesljatiba
the facts warrans it to instics a in soying that this Court is endiled, fine on a limited Nability company which is involved in contempt of Court.
Mr Leong's
proposition, however, include the further contention that even though the power to fine may exist, it should not be exercised in the present instance because the Crown has in term sought a writ of attachment sed not a ine, Again the answer appears to lie in the cases to which I have just referred, where
also sought the applicants writs of attachment and the Courts saw no difficulty, on such an op- plication, in imposing a fine.
FIRST ARGUMENT Turning then to Mr Leang's first and principal argument, that the article in question does not in t seif amount to a contempt of court. the words he laid great drers on used by Lord Russell in R. Payne, Bubsequently quoted, with approval on a number of occasions, notably by Lord Chief Justice Hewart in the
Daily Mail ex parte Factor, that case of R. v. Dally Mirror and H
the applicant must show that
1956, four individuals were arrested on suspicion of being concerned in a robbery which had taken place comething has been published which al shortly before, and that on January, either is clearly intended, or 23 the Yuet Wah Daily News pub Jahed an article of several para-
least is calculated, to přejudica a trial which is pending." graphs which referred to arrests, gave certain particulars
them
two of the individuals so arrested, including details of a previous cons viction, and the article also not out particulars of evidence tending to
ihow that these Individuals were guilty of the offence alleged to have been committed in January,
the trial by its effect on the capacity
Sír
When he first advanced this argu- ment: I understood him to mean that the word "calculated" in this context meant that there must be on the part of some person respon- ible for, or at least concerned in, the publication, a dollberato And conacious, calculation that the pub- Itcation
would produce an, effect Counsel for the Crown contends prejudicial to the trial-in fact that that this publication is highly pre he was adopting an argument very more fog
Judicial to a fair trial of those and
almiar to that, advanced by maximum temperatures H.E. the Governor has au- with the administration of Justice. groze interferenco arrested and
Harley Shawcross in the case of between 75 and
77°F for the thorised the following awards in more particularly
Reg. v. Evening Standard where, next
by publishing according to the report in the Times few days.
On the 20th the Royal Hongkong Defence detalls akawa previous conviction newspaper of March 30, 1984, he said there was thick fog over much Force, it was announced in the which would not be Admissible t
that of the town in the morning but Government Gazette today: Cap-of witnemes to identify those con
"He couneet) found himself in It civarod generally by midday. tain D. R. Holmes (Emelency cerned and by going into details of
something of a dilemma becau nofther the editor · nor the pra This was the last fog day and Decoration and First Clasp), Ser-evidence sains dociled persons
prietors wanted to put forward weather was fair for the rest of geant E.. C. Millington (BM- Which mun inevitably crate, before
these matters had been tested in [anything which would in anyway. the month." •
clency Medal and First Clasp), Court; a strong impression that some dimba well-accepted prin
ciple in journalen! that the editor Typhoon
Sergeant B.A. Gellman (Second or all of those arrested were gulity "Sarah" developed Clasp to Efficiency Medal).
of the offence with, which they were and proprietor were responsible for changed.
what was published by their news Piper, Ry recognised 185a2 pettivi ople and recognised · the high drette of their responsibility for what was disseminated. But the present on was a criminal pro- redlog, and the question of law Groje H 10' whether a contempt of court would be committed without guilty mind. Was it. un'offersce af absolute obligation). Buch authority | She could find was confiteting, In Reg. Payne Lord Humell of Killawen had said that what was pubilabed.mist be 'clearly intended. of at least, 24, onlculated", to pre- Judice a trial Culeulation", "İYE- of mene rea. velved an element
near the equator south of Guam on the 24th and had reached a position just east of Luzon by the end of the inamthi
A large earthquaks (magnitude 6-64) which occurred near the north coast of "Hokkaido was re- conded at the Observatory on the moming at the ti..
The month's figures and de- partures from normal were Sunshine
102.4hrs. 7.41110,
0.7mm 03.munt
%
Rainfall
Cloudinem
Relative - Humidity
·Mean Maximum
Temperature
60%
09.1
0.5**
Means: Temperature #4.1°F
Mean Minimum
Temperature.
Kean Dew Point, bp^i
0.4
DRUGS SEIZED
A party of Police from CID Headquarters, Kowloon carried out a search of the ss Helios during the early hours of this morning and seized ap- proximately 130 lbs, of opium and six lbs. of morphine, "
The as Hellos arrived from Japan yesterday
Police enquiries are con- tinuing.
APPEALS BOARD
H.E. the Governor has Op- pointed Mr. C. R. Lawrence to be Secretary of the Appeals, Board, vitu Mr R. W. Primrose, Minimum Temperature of 18.0-71 was announced in the Goya
sernment - Gazette todayA
above normal †below, nonmal i
Maximum Temperature of -86.1°3,
Man, recorded-ons the lIDEASSE
was recorded, via the C4IN
DISMISSAL GROUNDS
Mr Leona han enlend that the application for writs of attachment should be dismissed on the grounds that
(a) there was no contempt of court as the publication was not calculated to prejudice a fair trial:. (b) that eveis 12 it was, then since | the publication consisted of nothing
more than an expansion of relsise Issued by the Publie Nelów tions Office it was not such a matter as could property be punished by thia Court) and
(e) that insofar as the fourth respondent is concerned, since it a limited liability, company no writ of altacimmeal, Cat Imus against it. and since that is the prayer of the Crown in the present Instamoo,
other, form, of perishment should be Imposed, r
no
the
In party Jones it was held that damorupce of contempts In pomplet: would not excime
[a (cowel); submitted Mintwe that the general, meaning of the word 'calculabad" when found in cranial law, especially- before the ¿dden of absolute obligation exiled
It will be conveniant” to dial first with the last-mentioned sigument. counsel,relled on ip Hooley - In:" sipport yoz sahim- proposition | Vin hewa, dài impute aoZO, WYDKOJEŤALI
10
"The fact that the accused man neither had been acquitted was
po here not there; fortunately damage had been dime to him, but
that did nớt concern the Court at all, and the question was one of more far-reaching importance," and proceeded to impose a fine of ihousut pounds
J
reasons which hall meziler at somewhat greater length, inter in this judgment, one should not Keck 10 pre-judge the taste of quit or Innocence which is to be determined by a court or to create in the mind of the public an anticipation of what the decision should bo. To do so may strike out not only at the fair- In this connection however Mr ness of the particular trial but at the adminstration of Justice; itaolt. Leong laid irreat stress on the words
at Lont Chief Justice Howark in But, quite apart from any damage the case of R. v, Daily Mall, when which might tow from this new he mid-
paper article as a result of this tast "Where the Caurt were satisfied | mentioned consideration, ww Arw that there was no such intention, i satisfied, after a careful perusol and yet the publication' was one it, that the article as a whole, and which might considerably pre- more particularly paragraphs 3, 13 - Judice a pending trial, the elt and 8 of 11, that the article as: a cumstances of the particular gaso whole, and more of those to whom must be taken into account. The it refers, and, that is, on the face nature of the proceedings which or it, an interference with the ad- were pending, the conduct of the
ministration of justice which would parties, the time, the manner, and
merit intervention in a sumaneTY" the locality of the publication in
manner by this Court unless we are relation to the time, the mode, and the locality of the trial had
persuaded to refrain from doing so, by Mr Leong's second argument that all to be considered, and the Court
the responsibility for the article les must be satisfied that a caso for It arbitrary and summary inter- in reality, not with those who published the newspaper, but with
ferenca hid be made out.”
In the present Instance I think the Public Relations Ohlep fur ing
a communique which newspaper wo should deal with the case on the basta that a deliberate desire by any hod, a result of earlier exhorta-
at the respondents to prejudice the tions about co-operation, been led to trial is not apparent and that wo believe could and should be published. must look to all the circumstances The communique in question, mentioned by Lord Hewart and which decide whether they allow that the actions of the respondenta were likes ly really 40 Interfere with a fair trial or seriously to interfere with the due course of justice, for every cuntempt does nol merit the 'Inter,
are discouraged where the contenipt is. light,
consists of somaano hundred works, has been exhibited to the Affidavit of Hung Lul-mani, who state that it was received about midnight on the lit and that as a result the article was Inserted in the paper which went vention of this Court. Applications to prem a few hours later.
AN "EXPANSION"!
Mr
contenda › that the Leong
Was nothing more than an "expansión" of this Press communique and when asked to indicato more fully nhất, họ meant by the word sold that it was just the samo process ng that applied by Laws- papers to the brief presa telegrama received in attenuated; form, some- times with names and words com- brewed for the sake of brevity, which they axpand by filing in, tho missing elements · and, by adding matters of common knowlędne, such as the words "President of LNG United States", after : the word "Elsonitawar Jf the latter name should appear Alone In the Lelegram.
lemoustalon”
In contending that no præjudien 15 jattlelo in question kely, Mr Leong rolled on: (a) the suggestion that the informa- article tion published in the would only only form a tiny part of the great mass of mate- rial which will emerge at the preliminary enquiry and would then be reported in the news- papers in the ordinary way as a report of a judicial proceeding (b) the interval of time which nami elapio between the publication in January and the trial of the case, if the nccused should be committed for trial, an interval Which could probably amount to ihren or four months during whicis the detalis published in to article' will have been for- gotten if not awamped and over appeared in the newspaper is suf- Laden by all that has emerged fielent to refute this argument. The since, Counsel argues that any pre release from the pho is re- Biggestion that the Magistrate produced virtually word for word or the Judges concerted in the in its entirely in the flort paragraphi of the article. There. follow six care would bo prejudiced can be
of about 1,100 disregarded since they are train ed to ignore improper influens more than a repetillon of the press of, there le ostsin difte
of this kind, and so considera- tion need be given only to the -Jurors who will not some in con- tact with the matter until Jong etter the publication complained ..of...
FACTORS IGNORED
A glance at the article which
words..
release, but the remainder introduce a great deal of detail, some · of 'IL very prejudicial, to which...', no? re- ference of any kind wAN made in the press communique","And must haya been derived from some other source or from a fertile imaging- |tion. The argument: that: tha: articles The interval of time is clearly i
wae monely Tan expansion, in the molter to be taken into account.
senso suggested by "Counge), (of) tha But the remainder of the argument
official relcape_in -kanwest of the Lhote and de only saved from“ boine ignores two important factors:
regarded as a serious" estampato the effect of the material conte mislead the Court by flå own debent tained in the article on the absurdity, an absurdity: which, da testimony of witnemer at the heightened by the admision in the preliminary enquiry: since is amidavits fled, by two of tha@ress could lead them on to identify= |pondents that additiona
ing accused whom thes, might was included in the artiolie, Indend not otherwise have identified, the paper well went-to-sorra, baina 4121346, create, the impression that it was
and
(11) noma of the projúdiclal muiter proving, dandoasi informerton → tor appesting in the article.scottid” baving, “aserjoedt #75 Che", 1" oDROKOM not be adduced. At the
luminary enquiry, or at the Irial”
since the rules of guidance' pre-
mlody is a true: prwent cana · Chat | vi
which la mentioned «in Venus (V2 Brew, finding ma
g: the third"
(Contd. on Fare
van der Belgiandae pagament répelton, at his argument before and on behalf of South China Morning. Fost
kalt founts of more than one Printed and bubilähed, by WamTAKE authority; for; tõe, skalamint MIESTA, SIGGRounsel: "appeskedj; however, to Wyndhains Bizet, City of Victoria). In the Colocy