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HONGKONG CENSORSHIP REGULATIONS.
TWO SUMMONSES AGAINST THE "DAILY PRESS
AN INTERESTING PROSECUTION.
An interesting ces arising out of the Hongkong Censorship Regulations of 1017 enme before Mr. J., Wood at the Hong- kong Magistracy yesterday, when Mr. H A. Cartwright, editor of the Hongkong Daily Press, was summoned for two breaches of the censorship regulations The first charge was one of publishing without in the Hongkong Daily Press, lawful authority, the arrival of two steamers in the waters of the Colony, and the second charge was the publien- tion, without lawful authority, of infor mation of such a character as was cal culated to be, or might be, directly or Indirectly, useful to the enemy, to wit the departure from the Colony of an oficer in His Majesty's Forces.
1917.2
Mr. Wood-Am I to take it that you are applying for the case to be taken in
Mr Bowley-It is for my friend to do so
A
Mr. Wakeman I have not asked for it Mr. Wood-Put your next question, Mr. Bowley
Furthor-answering Mr. Bowley, the witness said the vessel at the time had a blue funnel, and she remained at the bucy until May 8th
Mr. Wakeman again objected to this information being adduced, and stated that if such information was being sought
he would apply for the case to be bake
va" camera, ́› He did not see the object of such questions.
Mr. Wood-I will stop Mr. Bowley if
Mr. Wood-Your defence is that in certain contingencies you had lawful authority?
Mr. Bowley Yes.
They were placed so that they could read by anyone who wished to read
anybody them should say not by
Mr Wood Are they posted up
Mr. Wood Will you state what the places to which the public have access?...
Yes. contingencies are?
Mr. Bowley should probably be dis closing State secrets if I told you what they are. I should probably be prose cuted myself.
Mr. Wood Where are they printed
In my own garrison printing press, by my orders:
Mr. BowleyThen there can be no question as to the fawful authority of that publication (Laughter.)
Mr. Wood-Have you it in writing? Mr. Bowley--1 think it is for the pro secution to prove their case. If you look Mr. Bowley-There were 10 ships men- at the list of steamers you will see that tioned in the paper on the date named. fificen are mentioned in row, and woI tiks it that the military authorities are only summoned in respect of two of take no objection to the remaining ships.
The Crown Solicitor objected to the them. And your Worship will find in every newspaper punished in the Colony witness replying to the question. for the last two months that the names of steaners are mentioned,
Mr. Wakeman-That has nothing to do with the case. No instructions have been issued. since these Regalations were
His Worship said, that, of course, if the objection were enforced he must stop the question being answered, but he thought himself it should be answered.
tained in that letter (shown) ever been
Mr Bowley-Have the instructions con
issued. The regulations say quite clearly that “the name of any steamer must cancelled-Witness-Not to my know hot be published.
ledge.
Mr. Wakeman said that the Prass of
Mr. Bowley proceeded to cross-examine
the Colony had received no modification should not be put
any notices, to the Press concerning cer- of the Regulations, so far as he was Mr. Wakeman I have objected to his tain military entertainments in the aware. The publication of the other 33 last three questions,
Colony; farewells to men and the like Mr. Wood-Are you asking for the case who are about to leave the Colony d
Mr Wood-I do not think I should allow that question.
ships' names was technically a breach of the Regulations. The papers might not think there would be any objection, but
Mr. Wakeman, Crown Solicitor, ap peared to prosecute, and Mr. F. B. L. he puts any question which I consider the officer. He asked-Have you given Bowley represented the defendant,⠀⠀⠀**
At the outset, Mr. Wakeman remarked that the summonses were taken out under the Consorship Regulations and asked that the names of the ships and of the officer concerned should not be mentioned Mr. Bowley suggested that this would bo rather cumbersome, but Mr. Wood: decided thin in the interests of public stated that his client objected and desired enemies in the Court, there are only a few lication of the Regulations, the Frem had policy no natnes should be mentioned the case to be heard publicly. Mr. Bow Chinese, and I do not mind if they are submitted copy for censorship, but Mr. Bowley then said he pleaded notcy also remarked that his questions asked to leave. I do not see any objce they had since been requested not to
tion to stating a fact, which has been
guilty
Mr. Wakeman stated that the re gulations under which the summonses were taken out were made expressly for
to be heard in caméra ? Mr. Wakeman Yes,
In reply to an enquiry, Mr. Bowley
were and would be relative to the points
In replying further to Mr. Bowley, witness" said he could not say, definite
Mr. Bowley-I do not see any alien
known for months.
Mr. Wakeman I object on the ground of public policy. If it is known it will
Becuring the public safety and the safety, at what time the second steamer be talked about. of the Colony. The case, he contended, named in the summons arrived was quite clear. The cditors of the news-
the Colony.
He saw her on Sui
Mr. Wood-1f any warning has boun given that such news should not be pub
was a breach
Witness admitted that before the pub.
Witness also admitted that the liab of passengers' names, which formed the subject of one summons was pub lished verbatim in the Morning lost, and he had been given to understand a mong had been taken out against the Morning Post to appear in that place to
papers in the Colony had been repeatedly day, May 8th moored to one of the 'lished 1 take it that that would be answer a similar charge
buoys in the centre of the barbour. She was a large passenger steamer, and he noticed har between 6 and 6 p.m. He did not go on board her on Monday, the 7th His Company had a large number of coast and ocean steamers running between Indo-China, the Philippines and Singapore.
warned in connection with the matter, and explicit instructions had been given regarding the provisions of the censor ship regulations. He would also like to Impress upon his Worship that the Mili- tary Authorities and the Government considered the offences very serious ones, and that the defendant should be dealt with accordingly.
Sum
suficient answer to the question. Asked why the summons against the Mr Bowley-There has been no warn Morning Post had, been abandoned and ing, and that is the answer I wanted to the one against the Daily Press proceeded get
with, witness said he had received a letter stating that the Morning Post had apolo gised and bat the summons against them had been withdrawn.
(the witness) to give the Court Mr. Wood-Ask (the witness) if any warning was given to the Hongkong Daily Press that they should prohibit such information. Put the question in
Mr. Bowley handed up a list of ships. that form, Mr. Bowley
taken from the fepon Gazette, and point- Mr. Wakeman The witness cannoted out that the name of one of the speak for the Government of Hongkongpored
ships concerned appeared in that list. he can only speak so far as he is person He also handed up the Japan Chronicle
for May
Ally concerned.
After perusing a paper handed up by Mr. Wood-If I convict on the two Mr. Bowley, witness said, the figures summonses, are you asking for a penalty entered upon it in ink were approximate Wakeman--Certainly, your Worly correct, and added that apart from ship; we consider the offences very the steamer's name there was nothing to I will now hand up to indicate that the steamer was an Alfred serious indeed.
Mr. Bowley-We had better adjourn your Worship copies of the newspapers Holt steamer, but a reference to Lloyd's
the case until Mr. Severn comes back, to Register would probably identify the concerned
learn if he has given any warning Have vessel by the name of the Captain. There you (to the witness) within the last two was nothing on the face of the paper | months warned the Preas not to publish (arrival and departure form) to show any reference to the departure of any that it was a Holt steamer, and nothing man from this Colony -Speaking from to show the destination of the vessel.
memory, I think not, Mr. Bowley mentioned that these forms were filled up by an officer on the ship, who in return received a very valuable consideration & current copy of the Daily Press from s Daily Press speaking from memory. messenger. The idea was to inform the public and not the enemy.
Mr Bowley-Before the case proceeds any further I should like to ask whether the consent of the Attorney-General has been obtained for this prosecution.
Mr. Wakeman-It has been obtained. Chan Kwan Ping, clerk in the Crown Solicitor's office, spoke to purchasing the papers (produced) from the Daily Press office on May 14th, They were the issues of May 7th and May 9th-
The chief clerk in Messrs. Butter
& Swire's said he bad field Been the Daily Trees for May 7th One of the ships marked in the paper was one of his Company's ships. The ship arrived on May 5th. The second ship named in the paper, from hie general knowledge, arrived in the Colony on May 6th and left on May 7th.
|
A officer of H., Forces was called to speak with regard to the charge of men tioning the departure of an officer. He said that on page 9 of the paper pro- dused, in the list of departures, appear ed the name of an officer recently in Hongkong. It was the view of the mili
By Mr Bowley. His company's ship arrived ca May Sth about 1 p.m. She tary authorities that the publication of
within
moored to a buoy in the harbour; the limits of the naval anchorage,
Mr Wakeman did not think this in- formon was such as should be given It was against public policy, and such questions should not be put.
such a name might be, either directly or indirectly, useful to the enemy.
Have you heard of any such warning! 1 have heard of such a warning being given, but I am not aware whether it was within the last two months; I am
Do you remember that the departuro of a certain General from the Colony was announced in the Preus?--Yes, and you can mention his name if you like,
Well, then, do you remember that the departure of Major-General Kelly was announced in the Press --Well.
5th containing the names of two steamere, and asked witness if they Belonged to the same line as the second
E skamer concerned.
Witness said he did not know this. And they are bound for the same coun- try? Yes.
Mr. Bowley-There is a cutting from the North China Daily News (Shanghai)
May 4th-do you see the name of the second stemmer marked there--Yes,
And huse is a cutting from the Shang- has Mercury of May 2nd, do you· BOD some steamers mentioned thera Yes, I do.
And one of those steamers is the same as that fa respect of which we are charged Yes,
Answering Mr. Wakeman, who handed up the Daily Press for March 20th, and called attention to the leading article, That was done, or put in, at the re-witness said that it contained the words quest, or with the sanction of, the au- ~~ Wo have even been forbidden to pub- thorities, was it not It was done at tish the names of individual officers."
my request by the order of the General Mr. Bowley, addressing His Worship, himself.
said it was never too late to mend," and if it had occurred to him to advise his client that an apology would meet the cass with regard to a certain officer, such an apology, no doubt, would have been sendered. The publication of the
The papers contained the name of the General, the date of departure, and the ship -They did.
By Mr. Bowley He (witness) was De puty Censor for the Colony. The officer named was very well known in the Colony and deservedly very popular. His wife Did you afterwards warn the gentle was also very popular. Objection was men of the Press that that precedent was raised to these questions by Mr not to be followed up. It was no such officer's name was purely accidental Wakeman.] There were a number thing as a precedent. After that took Such publication could not, in any sense, of persons in the Colony who already place the regulations were brought into he regarded as disclosing any military knew of the intending departure of the force, and warnings were sent to there and there was certainly no inten- tion on the part of his client to defy the oficer, and a number of friends went on Press The departure of Major-General board to see him off. The steamer left Kelly would not have been allowed to be the Colony in broad daylight two days published in the ordinary way; it was
MT Bowley This is a Cours of Law and not a water tight compartment, and, as such, we should be allowed to proceed according to the practice adopted in a Court of Law. If these objections are to be continually made the case will resolve itself into a farce. The gentle men in this Court are surely sufficiently to be trusted not to divulge any great before the news was published. The fazes done at his request. If any other officers trivial nature, and not one which
walls took place on board the steater,
military secrets.
Mr Wood-I understand the witness in all probability, on May 7th
is appearing as an official witness, and a think, under those circumstances, I had better guide him in what he should and should not answer.
Mr Bowley-If such questions are calculated to be contrary to public policy
shall ask for the case to be taken t camera, then we shall be able to get on 31 Wood Are you applying formally for the matter to be taken in camera Ve Mr. Bowley do not care so long as one can get some sort of answer, but do think we should follow the practice of a Court of Law,
Mr Bowley Did not you also say fare well on board? Yes, I did
Then you are well aware that the fare- wells did take place 1-Well, I have so barkations that I really cannot many render
After mewing the list of arrivals handed ap, witness admitted that fifteen were mentioned and the summons ro ferred to two anly,
detes
Mr. Bowley-If steamer was coming from a certain place, and was going to another place, ne offence would be com milted, berase we have lawful authority.
name had been mentioned it would have been eliminated. On this occasion the
General was anxions that it should be put in, and I told the Press so.
Government or the Military Authorities. He submitted that the offence it one was committed was of an extremely could
possibly come within the class that his friend, the Crown Solicitor, described as
very serions His Worship knew that the fact of the intended departure of this officer was well-known in the Colony days before he went, that he was seen off on board the steamer by a large num
ber of friends, that there was no secrecy whatever about his departure, and that
Mr. Wood-After this, was any warn ing given to the Press about not men- tioning the names of officera leaving Numerous warnjuge, your Worship. strictly forbidding the publication of the names of any officers leaving the Colony the fact of his departure was actually Ar-Bowley then banded up to witness published, as the military vitness had copy of the Routine Orders of May 8th,mmitted in notices issued by his own ng the name of the officer men authority on the following day, whereas containi tioned in the summons, and abked if the the pronger-list complained of m The were not, posted, up in vari Dash kos was not, publichen until Aler
the Colony Sarteny,
9k, thị để after much official notification.