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THE HONG KONG DAILY PRESS FRIDAY, JUNE 8th, 1928.
CENSORING TE CHINESE PRESS.
CASE AGAINST THE “ONG KONG MORNING POST.”
ALLEGATIONS OFFORGERY AND PERJURY.
HEATED AROMENTS IN COURT.
There was much heated gument between Mr. H. Somerset Fitzroy, Assistant Crown Atney, and Mr. M. K. Lo when the case against the Shun Pu (Ho Kang Morning Post) brought by the Secretary for Chinese Affts was resumed yesterday afternoon. before. Lieut.-Col F. Eaves ache Central Magistracy. The Shun Po, is will be remembered, is enmoned for pablishing two articles on May 9th and 10th withoußrst submitting them to the S.C.A. for censor. The offending arles related to a proposed economic boycott against Japan.
At a previous hearing thechineso censors employed by the. S.C.A. were severely criticisedand were accused of acting accord- ing to their own caprices and thout guiding principle.
One of the censors in reg made counter, allegations against editors of local Chiness newsplers. He declared that they would submit a galley proof with aarticle which might only occupy hal? the space, and once the ticle was passed and had obtained the initial of the censor, athematters would be printed in the blank space, thus giving it the spearance of having bren censored. Arising out of this allegati a certain amount of discussion centred upon a galley proof puced in court yesterday. This proof purported to contain one the offensive articles and the blank spaces on it were carefullcrossed out in blue pencil.. The defence alleged that it was eroed out by the censor to prevent other matters from being printed on it. The censor denied this saying that anyone could have uled out the blank space.
After much cross-examinatis of the censor the mystery remained unsolved as to who he ruled out the blank space. Mr.
· Fitzroy said that the whole matte showed that someone must have committed forgery or perjury. M La heatedly replied that there was no forgery but certainly poury on the part of the witnes for the prosecution.
"
*Witness Recalled.
Lau Sheuk Chong, one of the Chi- neso censors, who gave evidence at the previous hearing was then re- called for further cross-examina-. tion. ::!』|
Mr. Lo: I must go back to one of the points I asked you last time. I put it to you again that the pre- tics in Chinese newspaper world is not to submit everything to the censor, but only master which might be objectionable 1-No, paly advertisements are not submitted.
Mr. Lo: But they do withhold things, don't they 1
Mr. Fitzroy: How could he know. He is only a censor and, be denla with anything put before him.
Mr. Lo: I am going to submit that it will be physically impon- sible for two men to read through all the Chineso newspapers in the Colony.
Mr. Fitzroy: There are than two.
maro
His Worship: The law is that everything printed must be censor ed, but do they submit everything! Witness: We have no means to find out whether they have submit- ted everything to be censored. If
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Mr. Lo: Do you happen to know
B.C.A.
of a letter from this paper to the 1926 regarding the method of consoring I was not informed of that letter.
Blank, Spaces,--
OVERCOME BY CAR
'EXHAUSTS...
THREE TAKEN TO HOSPITAL,
Mr. Lo: At the last hearing one
Ten people fainted, 30 were of the very heated points between
partially overconie, and 3 needed] you and myself was whether the
hospital treatment, when: the censore filled up any blank space; Greenwich side of Blackwall You said this practice was started after the institution of this action Tunnel under the Thames was filled thanks to the ingenuity of the with exhaust petrol tumies follow chief censor. You said that blanking a collision between two mator- spaces from that time on ruled out to provent fraud, was that so 1-Yes.
were
Mr. Lo: And you remember that I put it to you that it was not true. Now, see this proof. What date it bears ---April 30th.
Mr. Lo: That would be before this case was started-Yes.
Mr. Lo: You see that the blank spaces on that proof are all ruled off I did not do it, Anyone
could have done that.
The defendants in the case, re- therefore if an article had not been presented by Mr M. Ks Lo, are passed and but published two or Chun Chik Yrin, editor and pub hree times, it really meant one lisher and the Chun Fat Company, fence.. The offender, his Worship printers, of the Shun Pu. Mr. H. putended, could not be summoned Mr. Lo: Can you see whose Somerset Fitzroy is conducting the ice or thrice for the same article,signature it bears-Mine.
Mr. Lo said that he was optimis case for the prosecution.
The articles complained of are as enough to hope that in the event his client being found guilty his Worship would treat it as one,
follows:-
Warning To Our Chinese,
[BY KUNG TO JUSTICE.] "Wearing of Japanese silk will cause the destruction of our country.
Wearing of Japanese cotton cloth will cause the destruction
of our country,
The using of Japanese porce Jain will cause the destruction of our country.
The eating of Japanese sca delicacies will cause the destruc tion of our country.
Wearing Japanese ornaments will cause the destruction of our
country.
Buying Japanese toys will cause the destruction of our country.
Travelling by Japanese steam ers will cause the destruction of our country,
All of us who wish to maintain our nationality must refrain from using Japanese goods. If your enthusiasm is going to last only five minutes you might as well prepare to become a slave in a lost country."
once.
he Magistrats: My view is that it one continuous offence...
Mr. Lo: And you suggest that the blank space was not ruled out at all-Yes.
Mr. Lo: How can you tell that it was not ruled by yourself! This is not my usual way of crossing out blank spaces.
Mr. Lo: How do you generally do it I have never done it before this case.
Fitaroy: Every time he prite it he commits an offence,
"Mr. Lo: Do I understand you eve if it is a thousand times. Tí
somit a thing to you and you to say that anyone could add this pased it, and if I print it every ruling to the proof afterwards, time the paper appears, there is and that is your chief reason for nonco If I did not submit it saying that you did not do it?--- every me I print it, I am com- It is quite an easy matter to add mitting an offence. If it is a hand-a few strokes afterwards. bill or amphlet, I will agree with
you.
His Worship But this is the same nespaper printed every day?
Mr. aroy: I cannot acquiesce with the. Although it is the same newspaer, it is printed every day with diferent matter. There may be only wo or three things-mostly advertisments-the anime as on the previous day.
Take tho Daily Freas of the Morning Post, for instance every day the papers come out aimst entirely different. A newspape of to-day will be dif- ferent to the one to-morrow.
The agistrate: I am merely giving yu an opportunity to with
"Do Not Despise Us." The official translation of the draw the summons.
second article west,
"All our countrymen.
15
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it.
Arise
Mr. Froy: I cannot withdraw
Mr. Lo: Do you say this par ticular proof was filled in after wards?--Yes
Mr. Lo: How do you know!-- Because I can remember that I di-l
not do it.
Mr. Lo: Very well, if you can. recollect this all important ruling of blank spaces from April th till to-day. I must say that you have a better memory than any man I know.
The Magistrate: "Mr. Lo, pro bably it was not the practice at the time to do it.
Two Black Do Not Make One White.
cars.
"A score of people came out of the tunnel for water, and they were reeling from the effect of fumes, Mr. J. Conner, a shopkeeper of Rotherhithe, S.E., Tunnel rond,
told a reporter. He added:
One caller was a boy employed
in the tuanel. He had hesa sent by a fainting omnibus driver. Pedestrians hurried in on behalf of motorists who had been partly
overcome.
Nurses from the Greenwich and Deptford Hospitals arrived in an ambulance and attended to the aick on the spot.
J
All would have been well if an omnibus driver bad not fainted. He said, I am done," staggered out of his seat, and collapsed on the pavement.
One of the L.C:C. boys who throw sand down rushed to help him.
CO., LTD.
TRAFFIC RECEIPTS UP $25,107.
INCREASE OF 3 PER CENT.
IN DIVIDEND.
Mr. Henry Humphreys, Chairman of the Peak Tramways Co., Ltd., speaking at the annual general meeting of the Company held yes. terday, said that the traffic receipte were 825,107,60 higher than last year on account of the increased fares
and extra number of passengers
carried. The traffic receipts for the year ended April 30th, 1998, were $203,245.34, the net profit being €39,241.16.
Chairman's Speech.
Mr. Henry Humphreys, in pro- posing the adoption of the report and accounts, said:-On, comparing the "necounts this year with last you will notice that traffic receipts are up 825,107.60 partly due to increas An L.C.C. employee in the tunneled traffic, but mostly to increased said:
prices of monthly tickets. The item special repairs 88,111.93 is for special work such as relaying new rails, shifting the points and flatten. ing the curve at the points. "The work is not yet completed, but will be in about two months time and the charge upon our next account. in this connection will be between. 82,000 and $3,000. This work may be regarded as non-recurrent, since nothing further will have to be done of a similar nature for many years to come, special repairs account should automatically cease after the year ending April 30th, 1929. The credit. to "ents' is less by 81,281.75 as the lower flat at the Peak Terminus. formerly let is now occupied by our assistant, Superin- tendent. In future years we pro pose to charge the rents of both fints to wages and credit "rent" with the same amount, it will make no differences to the net profits, and it will give a clearer exposition of the state of affairs,
The driver of the next omnibus felt himself going, and asked the sand boy to rio for water. On the way the lad collapsed and was taken to hospital in an am- bulance. His illness caused fur- ther delay, and as a resuit of the engines of the waiting cara pumping exhaust gases into the air more people collapsed.
Mr. Lo: Why should I do it. I want to point out that there was no blank space for him to cross pu.
...
Diferent Wording In Article? Mr. Fitzroy (to witness) Look at that proof. You have initialled everything except a particular piece in the centre 1-Yes.
Mr. Lo was about to question Mr. Fitzroy: And that particu- witness about a leading article iar piece is the article objected to. Mr. Fitzroy: Look at the pub which witness had passed and pub- lished by the Shun Po, when hia lished issue and this proof, is the Worship asked if it had any re-wording the same No. ference to the, present case. Mr. Lo explained that the leading ar- now complained of. It also urged a boycott.
Witness then explained that the article on the proof purported to
of the Shun Pa... the article in the published issue
The Prisecution Must Find Out, Anothe point which his Worship Urge the Japanese to coine to touched then was that the summons ticle was very similar to the article have been submitted, differed from their senses and make them not to despise us. The Japanese have against he printers was in the rame of Company and that so far challenged us and cruelly mur dered our Chinese officials and the prosecution had not found out who the partners were. He said people.
that they could not merely aum- mons a company, and that he must have the nimes of the persons form. ing the company,"
Be unanimous in severing ecocomic relations with Japan.".
State Of Emergency,
day's procedings, the her a state
of emergency had been proclaimed. Mr. Fitzroy replied that he did not think so and he could not see that there was anything to need such an order.
Mr. Fitzroy pointed out that if a person had cominitted an offence which was passed, it was no excuse His for committing another one. Worship agreed saying that two blacks could not make one white. Forgery Or Perjury,
portion at that time?-No.
Mr. Fitzroy Was that particu- lar paragraph in the proof" sub- mitted to you to censor?-I did not notice it.
Mr. Fitzroy: Is your signature on each of the other paragraphsf
Yes
The increase of 3 per cent. in 'the dividend will doubtless be appre ciated and I trust you approve of the transfer to general reserve of $10,000. This reserve" will then stand at $150,000. AN
No questions were asked and the adoption of the report and accounts · was seconded by Mr. F. W. Staple- ton and carried unanimously,
Other Business. The re-election of Sir Robert Ho Sir Elly. Kadoorie, the Hon. Tung Mr. C. G. Mackie, Mr. A. B. Stewart and Mr. M. H. Turner as directors
was carried on the proposal of the Chairman, Mr. H. Humphreys, Messra, Lowe, Bingham, & Matthews seconded by Mr. S. F. Chubb.
At the commencement of yester Mr. Fitzoy: I am summoning a
Mr. Fitzroy If that paragraph and Messrs. Linstead & Davis were for your worship to show that Mr. Fitzroy who asked if it was cross it out! If I had noticed it, tion of 125th A Tarrant, Magistrate company. There no evidence Witness was then re-examined by was in the proof why did you not re-elected auditors at a remunera-
proposal of Mr. J. A. they are not a company. They have the practice, before this case, to I would have crossed it out. appeared mid the only way to do put any marks on blank spaces on Mr. Fitzroy: Will you look at seconded by Mr. J. M, Wong.
Those Present, so was through a solicitor. Mr. La proofs submitted to the censore. the ink with which that particular has not raised an objection. Witness replied that it was not. paragraph was printed and com- Supporting the Chairman were:
Mr. Fitzroy 15 that proof, was Mr. Lo: This is not the stage submitted to you before this pro- the other paragraphs were print Stewart, Mr. M. H. Turner and Mr. pare it with the ink with which Sir Robert Ho Tung, Mr. A. B. The Magistrate pointed out that for me to object...
Mr. Fitzroy The only time to secution, would you under any cired -According to my observation, G. Bapp (secretary). Shareholders if a state of emergency had been proclaimed it would also have to be object to jurisdiction is when the cumstances put marks on the blank I find that the ink is lighter in the present were: Messrs. C. Bulmer case of that particular paragraph. Johnson, F. W. Stapleton, D. E repealed by another public pro Case opens t
His Worship: Can't you ask. Mr. Fitzroy: And you say that In reply to his Worship, witness clamation when the danger ceased. "Mr. Fitzroy said that the Police Mr. Lo to disclose the names of the those marks were put by someone said that he had been a censor for Clark, 8: F. Chubb, J. A. Tarrant Reserve Bill, which he had helped Partners.
Mr. Lo: Why should I. I am Mr. Fitzroy then very vehement the last three years. He had been and J. M. Wong,
continuously one of the men to cen- to draft in conjunction with the Attorney General, provided that if not here to assist the Attorney said that the whole matter or the Shun Po. He was also of boiled down to this: "Forgery or the opinion that all vernacular a state of emergency existed and Genera). If one cannot aue that the reservists were to be call company, your Worship will wish Perjury.”
Mr. Lo Perjury, certainly, of newspapers were informed of the
practice of the censors. ed out, it would be done by public to dismiss this summons.
His Worship: I shall not do your witness.
His Worship: Have you ever had proclamation. This proclamation
Taking the proof of May 9th any case prior to this one when would then remain in force until that, but the prosecution has got
contain the to find out for me the names of the which purported to repealed by another public pro-
partners, clamation.
The Magistrate: Apart from that I take it that there never was proclamation of a state of emer gency? Mr. Fitzroy replied that a state of emergency was created in 1023 mud was anounced in the Government Gazette. He could not recall to mind anything of the sort before then. When the strike was on he could recollect 'no pro- clamation ever being issued."
Is It A Continuous Ofance ?
else 1-Yea
Mr. Le then polated out that all the articles on that, proof was sur rounded by a border and he did not think that anyone would print outside the border. If there was any blank space inside the border, the censor would have crossed it out.
THREE GIRLS GASSED. PARENTS AWARDED £350 FOR
LOST CHILDREN.
There was a sequel to a fourfold when Mr. and Mrs. Standige, of Kas tragedy at Manchester Aseizes, Thompson-grove, Thompson-street, Ardwick, claimed damages from the Manchester Corporation in respect of the deaths of their three daugh- ters, Edith, aged 17, and twa younger girls aged 11, and B
article complained of, Mr. Fitzroy you had omitted either to initial
ted to you 1-Yea His Worship then added that it pointed out that there were many or to strike out something submit was csecatial for him to know who blank spaces which were not ruled the partners were and that" in the out. event of they being found guilty, each partner was liable,
Mr. Lo: That is so much the more reason why I should not help you, Censored And Ultra Vires. His Worship: There is another small matter, Mr. Lo, you need not answer it if you like, but it might help me. I take it your defence bottom of that proof there are on the first charge was that the still some characters outside the could not find the proof. He was percolated through wall. cavities, article had been censored and on border 7-Yeroy. They are not 1 pm He went there accordingly other victim was an elderly woman, told to call again the next day at and killed the four people. The the second charge is one of ultra Mr. Fitzroy
The parents were not entitled to vires BAZA
crossed out No.
told by a faki that the Shum Po respect to their loss from the pros would send a man to see the censors pective earning power of the three
girla. personally.
The jury awarded the parente Easo damages.
Withheld Proof From 8.0.A. A district watchman named Tong Kwai was then called. He deposed to having been sent by the 8.C.A to the Shun Po to ask them to pro-
Mr. Jackson, K.C., for the par- dues the proof which purported to contain the offensive article and ents, said the cause of the tragedy which they said bad been submitted was that the corporation laid plec-
me to the censors. He went there on tric and gas mains in such a way
Mr. Fitzroy (to witness) At the the first day and was told that the that when sabort circuit occurred manager was out and that the foki the heat burst the gas pipe,, gases
and was again told that the proof
His Worship then dealt with an other point arising out of Mr. Lo's cross-examination as the previous bearing He said that it was ad Mr. Lo My defence in that the Mr. Lo: Why, can't mitted by the censor that if an matter published in the second is bad printing1 you see it could not be found. He was also sympathetic damages, but only in
article had been passed for pub charge does not come under the Mr. Fitzroy: Will you keep your lication, it could be published again section quoted of that regulation observations to yourself until I and again. Mr. Fitzroy, his Wor- The article on the first charge was have finished. ship said, had also agreed to this, censored.
(Continued on next Column).
case was when adjourned until Monday afternoon.