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THE HONG KONG DAILY PRESS, WEDNESDAY, JUNE 13th, 1928.
CENSORING THE CHINESE PRESS.
SOLICITOR CRITICISES THE SYSTEM AS ROTTEN.
“PLAYING HIDE AND SEEK."
The case against the Shum Un (The Hong Kong Morning Post) brought by the Secretary for Chinese Affairs for publishing two articles against Japan on May 9th and 10th without having sub- mitted them to the censor was continued yesterday at the Central Magistracy before Lieut.-Col." F. Eaves, D.S.O...
Mr. M. K. Lo, who appeared for the editor, publisher and printers of the Shun Pu, mentioned several instances in which other Chinese papers had written against Japan in leading articles.. He said that and "alogans" without intervention by the censors.
he brought thene facts out to support his thesis that the whole
"'rotten." system of censoring wa
་
The Magistrate sat till five o'clock yesterday in an éñilea- vour to conclude the case, but had to adjourn it until Friday afternoon. The case did not make much progress as both censors, who were called for the S.C.A. proved very elusive witnesses, Mr Lo protesting that they were playing "hide and seek."
answer,
"The Censor who gave evidenc) on Monday declared that certain proofs were initialled not by him but by Mr. Lam, his colleague. Ms. Lam yesterday declined responsibility saying that the initial were those of the Censor who testified on Monday, When the case was commenced i When pressed for yesterday, Mr. H. Somerset Fitzroy, witness said that the article pub Assistant Crown Attorney, who is fished by the Wä Keung 14 had certain objectionable paragraphs conducting the case for the prosecu- tion, said that he wished to re-call which the papers themselves had the censor, Lam Pak Chuen, as he crossed out before submitting it to he censored. In the case of the hal further questions to nek
Lam was re-called and to ques tions put to him by Mr. Fitzroy, said that the slogans which appear ed in the Sun Fo on May 10th were not submitted to him for ap proval.
on May 9th from 8 to 11 p.m.
J
Shun Po the article was sent in without the objectionable parts being deleted.
#Attääk, On Confucianism." There was one occasion when wit ness wrote something against certain persons who had attacked Con- fucianism and he was "pulled up" by the S.C.A.,, because he wrote that article and published it with- out sending it to the censors. Ha replied to the S.C.A. on October 9th
1926, explained that they did | noe think it was necessary to sub- mit everything to the censors seeing that there were only two men on the job. To that letter he had re- ceived no reply from the S.C.A. noy had he been instructed that he must subrait everything to the censors. He concluded from the S.CA. silence that he was allowed to con- tinue the same practice.
Witness then went on to say that the Tainan åffair started on May 3rd and that his first leading article on the subject appeared on May 6th. They were sent for by the S.C.A, a few days after and were
warned not to use violent and strong" language. Nothing was said about not writing anything ad- vocating a boycott Against Japan, His impression was that they could go on writing on the subject but must moderate their language.
Witness also said that articles
passed by the censors could be in- serted in any position in the paper. The head-lines for the
various
articles could be inserted anywhere on the proof.
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THE KAILAN MINING ADMINISTRATION DODWELL & CO., LTD.. Agents, Hong Kong.
DOCUMENT INSUFFICIENT-
LY STAMPED.
SOLICITOR'S COMPLAINT AT SUMMARY COURT.
STAMP OFFICE REFUSES TO RECTIFY ITS ERNOR?
When the slogans which had been A somewhat unusual case was mentioned were published they were heard yesterday morning at the subjected to a slight change, and although the exact wording which Summary Court before Mr. Justice had been passed by the S.C.A. was P. Jacks, when a Chinese was non- Mr. Lo: You say you allowed not used, the substance was exactly suited in his claim against another tha Fa Keung Po to publish it the same. because that paper had deleted
Mr. Fitzroy said that the prosecu-Chinese for $343 because the docu- objectionable paragraphs, while the tin was prepared to admit this ment en which he based his claim point, but he must maintain that hat Fo submitted it to you enphase slogans were not submitted was insufficiently stamped by 20 blat Do you mean to say that
them occasionally as there was a
Trouble With The Censors, Mr. Fitzroy: "I believe you had some trouble with the censors on October 16th, 1926 Yes."
Mr. Fitzroy Did you pass any of these four slogans 11 never passed any slogans which were printed on the side of the paper. it is your practice because An to the censor.
Mr. Fitzroy: No, but did you article contains one objectionable Mr. Fitzroy asked witness if he ever pass any of these slogans passage you reject it in toto - saw all the proofs before theories sent to the S.C.A. for censoring, So far as I can remember, I have! That is not my practice.. never passed any of these slogans.
Mr. Lo: Then may I put it this Witness replied that he only saw Witness said that he was on duty way since it is not your practice. man for that job, the assistant
Why didn't you rule out what was editor.
were four objectionable There Uld Not Expect Trouble. The Magistrate asked whether it paragraphs which had been deleted would not be better if Mr. Fitzroy in the proof submitted by the Fa produced the proof on" which therung Fu, and the proof submitted slogans were supposed to have been by the Sho had many things printed than to rely on the wit which were objectionable. ness's memory. Mr. Fitzroy replied that they had not been able to get the Shun Po to produce the proof. Mr. Lo explained that he regret ted hat the Shun Po did not pre serve the proofs as they had never thought that proceedings would be taken against them. He said that unless his clients-knew that they were to be prosecuted, they did, not keep the proofs returned from the
S.C.A.
The Magistrate. Don't they file them? Mr. Lo replied that they generally kept the proofs for a day or two and if they did not hear
Mr. Lo: Then why not cross them out -We had special instructions from the S.C.A. that if any article contained too many objectionable passages, we could reject the whole thing.
Anti-Japanese Articles Flying
About
Mr.Lo went on to question witness about other, more violent, articles which the censors had pass ed for publication, when the Magis- trata interposed and said that he did not see how this could help Mr. Lo in his defence,
Mr. Lo explained that the case for
¦
Mr. Fitzroy "And you sent them a letter?"-"Yes"
Mr. Fitzroy: What did it say i- "It was written in English and I cannot read English, but it was translated to me."
Mr. Fitzroy: EZ- } »
centa.
Mr. C. À. S. Russ who appeared for the plaintiff said that it was obviously unfair that a man should lose 2323 because he was told by the official that the stamp was less than it should be. He added that the plaintiff dealt with the matter a. the Stamp Offfee himself, with- out a solicitor, and was therefore
at the mercy of the officials.
The plaintiff was Un Man Chik, who claimed from Au Fung Chau
"What did it had the Tin Shing Hing Kee Restaurant the sum of $225, being balance of mouey lent to a certain
Witness" It aid that while we had the greatest respect for the censors, we nevertheless thought that they could not censor every thing."
Mr. Fitzroy: "Did you reecive an answer"-No.
4
Au Puk Ming and for whom the two defendants stood as guarantors",
SCENE IN PROVISIONAL COURT.
-LAWYER DEFIES JUDGE.
STUDENTS PUNISHED FOR ANTI-JAPANESE ACTION.
SHANGHAI, June 6th. Disorderly scenes were witnessed in the Shanghai Provisional Court, yesterday, when six students ap- peared before Judge Hsiung and Mr. Van den Berg for judgment in the case in which they were charged were offences resulting from their endeavours to enforce the anti- Japanese boycott.
and
Another lawyer
At the output of the hearing, 'Mr. Peu Tsing Yah stood up in Court and said that he represented the accused but he was told by the Judge that, as he had not appeared. previously already had appeared for the accus- ed, he had no standing in the Court, Mr. Peu, however, declined to sit dawn and began to argue with the Judge. This continued for several minute until finally Mr. Peu was ordered to be seated.
Order having been restored, judg ment was delivered. The two stu- dents in the first charges were sentenced to two months' detention" each without the option of a fine and in the case of the other four, the first two accused were found not guilty and the remainder were sentenced to 50 days' imprisonment each, commutation into fine being refused. The six bales of cotton were ordered to be returned to their lawful owners.
The Deputy's Rider: Mr. Van den Bere added the fol
anything the proofs were thrown the defence was that they did know Magistrate that as they recived no jection that the document on extensive organization is establish-
away.
The Magistrate said that he had merely wanted to find out. He was not suggesting that Mr. Lo's clients had hidden them.
The Whole System Is Rotten. Cross-examined by Mr. Lo, wit ness said that he had never seen any of the slogans printed on the side. of a proof.
Mr. Lo: Do you mean to say that you have not noticed these words or do you mean to tell his Worship that you have positively never seen them at all I have never seen any proof with slogans on the site.
Mr. Lo: Now since you are so positive, have you seen the sheet before I think I have seen it
once.
uage
Mr. A e Areitll appeared-for
The literature, documents, budges, the defendants. The case was ori-lowing rider to the judgment: ginally heard by Mr. Justice J. R. etc., seized at the premises of the show beyond doubt that part of an Wood who upheld Mr. Arcullis ob- branch office in East Seward Road which Mr. Russ was suing was of ed within the limits of this Settle.. a double nature, being a promissoryment, which organization aims at forcing people to abstain from deal- note and a guarantee and also that ing in Japanese goods and, if the people are unwilling to do so, to deprive them thereof by force, violata the Inw and expose them to thereby causing its members to persecution and punishment.
Mr. Fitzroy "Norary request to see the S.C.A. 7 "No.
Mr. Fitzroy then remarked to the that anch articles were prohibited... reply to their letter they took the They had only been warned not liberty of continuing to print matter- to usevicient and strong lang. which they though was not contrary
and not a word was said to the wish of the Government. about writing anythingch might Mr. Lo Before May this year was not sufficiently stamped. bring about & boycott against we received no arccial communien-
Opening his unse, Mr. Rusa said Japan. There were many of such tion from the 8.C.A. regarding the articles-urging war and severance censoring of our proofs, we ton that the document was taken to the of economic relations with Japan- tinued to assume that the proofs Stamp Office in the usual way and being written in the Colony, which were crossed out were reject 81 stamp was affixed. It was It is a well-known fact that, Several Chineze papers were at the ed, otherwise the proof was con-
later discovered that the stamp locally, meetings, advocating an time printing leading articles on sidered passed for printing.
Mr. Lo further remarked that at duty should have been 81.20, anti-Japanese boycott, have been in the held and it is also a well-known fact this subject almost daily. Mr. Lo
cause the paper added that although it was a small times the censors initiated every nature of a double document. His that the Shanghai Labearers Anti- mensire, the Chinese Press, was paragraph while at other times they client applied to the Comptroller Japanese Diplomacy Committee, at
one of its meetings, passed a resolu nevertheless given a certain amount only put an initial at the bottom for (Colonial Treasurer) for permission
tion to write to the Chinese Bar the whole sheet.
Mr. Fitzroy: "Do you remember to add another twenty cezts stam Association and also to, request when they ceased this practice and
certain headquarters to arrange the.. Mr. Lo then again went on to demanded, that every paragraph be was a perfectly reasonable appkea. I release of the accused, as if the
initialled ?—I cannot remember.
Court would lend itself to be ter- rorized by say professional or poli- tical organization,
of freedom.
When It Is Done Openly,"
produse a number of papers con- Mr. Lo: Is that your signature taining articles urging war against Mr. Fitzroy: What do they do Japan and others advocating now -They generally initial every boycott-and-naked-witness if he had
, paragraph.
on it !-No.
Mr. Lo: Now bave you any rea- son to doubt that the marginal note was there when it was submitted to your colleague for approval?
The Magistrate: I don't think he
can answer that.
Mr. Lo: Now you see this Tei Among lo. There is an article called "Universal Indignation." It is also against the Japanese. Can you give any reason why when the Shun fo wanted to publish this article you crossed out the first four words-Those four words were originally passed by me but later
very seldom read newspapers.
seen them. Witness replied that be The bearing was then adjourned
The Magistrate said that the fact, until Friday at 2.16 p.m. that other persons had committed an offence did not influence him in favour of Mr. Lo's clients.
Mr. Lo said that when the offences were committed openly, and the Government did nothing to check them, his clients could certainly not be blamed for doing the same. They were led into the belief that such articles were permitted.
DEFENDANT'S EVIDENCE.
QUEEN'S.
TV 68
to it, but was refused.
Mr. Buss further said that "it tion, as it was one of his own
hould be.". officials who told us what the stamp
The plaintiff himself dealt with the matter with the result that without the assistance of a solicitor, he was at the mercy of the officials
It is obviously unfair
"that a
REVUE ARTISTES AT THE man should foso 8325 because he is told by the official that the stamp is 20 cents less than it should be. My client will testify in the bax that this money guaranteed.
A WELL VARIED PRO- GRAMME.
I take grave exception to the mis- behaviour of Mr. Peu Tsing Yah respectfully draw the attention of the President of this Court to such gross misbehaviour and suggest that' him immediately. disciplinary steps be taken against
:
I received instructions from the Leung Chan, publisher and editor Queen's Theatre at the 5.20 per leave of the court unless 4 hours Prejudice his clients' case by in-
His Honour pointed out that if tors by illegal means-North China Mr. Ross was suing a guarantor he Daily News. must do so on a written document. It was no use going into Court with-
Furthermore, I wish to express my utmost surprise that Mr. Sih was verbally Yu Seng, who evidently desires to be considered the responsible legal- It is quite true that a guar-representative of the complainants antee has to be in writing, but it in this case, should be so unprin- Song and dance hits from the is also true that no statutory de cipled as to get up in Court at the Folies Bergere will be given in the fenes can be raised without the close of the trial, and endeavour to Chief Censor that I should be more of the Shun Fo, then gave evi-formance each night from to-mor
written notice is given to the plain-voking the Court's leniency on the grounds of what he is pleased to cautious about head-lines relating to dence. He said that he had five row to Saturday, when Eleanore tiff, his solicitor of course! Japanese
Continuing Mr. Ruse said that if call the patriotism of members of Mr. Lo: I am not suggseting that years journalistic experience in the Ninon and Leo Mantin, leading you could not change your mind, Colony. He became editor of the revue artists from l'Abbaye, Paris, the "other side" was relying on this an organisation which, in this parti Shun Po before any censorship was and The Knickerbocker, Monte special defence, they should have cular case, most obviously aimed at but could you explain why on the enforced. His experience with the Carlo, will make their first appear- |-given the statutory 24 hours' notice, the ruin of its commercial competi-
chaors was that if any article was ance in Hong Kong initialled or even if one initial The programme will begin with appeared at the end of the proof Mistinguette's popular song "Ca that would mean that all articles Chest Paris," from the Moulin printed on that proof were passed Rouge. This will be followed by out some document. It seems to me Council, whose decision would be for publication. Rejection of any "Why Gentlemen Prefer Blondes, like this, with a guarantor you have final.
Mr. Russ then applied for AD Articlo would be indicated by that in which a Frenchman realises his to start off with something in writ article being crossed out. Very dream of winning an English girl ing in order to have a case at all adjournment in order that the. often he had proofs returned to him through the Valse de Passion." It would not be necessary for the appeal might be lodged without either crosses or initiale A Spanish Love Dance," and defendante to say anything at all." Mr. Arculi objected saying that In such cases, he had always taken "Because "a jazz item of a dis After further arguments, Mr. the case had been pending for over them ́na passed.
tinctly unusual kind follow. Mlle. Buss said "We can't get the stamp two months and that Mr. Rum had Witness also said that it was not Ninon will then give the newest because the Comptroller, for some all the time he needed to remedy the practice of his papers to submit version of the famous French "Can- reason or other, won't stamp it. It the stamping of the document. everything to the censors for pub Can" so popular in the Parisian will come to this that the plaintiff Beation. They had only bera sub night cabareta. The concluding through no fault of his own, for a paltry 20 cents, will be deprived of his right to claim money to which he might be legally entitled nosum
same day oue paper is allowed to publish the article and the other paper is hot?
The Magistrate asked Mr. Lo if he were trying to prove that the censors had a particular grievance against the Shun Po
Mr. Lo replied that he brought out this fact in pursuance of his thesis that the whole system of censoring was rotten.
System At Fault.
Mr. I then further examined the witness as to other articles publish ed by the Wa Keung Po. Witness replied that he did not pass them.
Mr. Lo then pointed out that it mitting matters which they thought item will be the latest dance eraze was very curious that each of the of importance or to which objection." Acro-Doodle".
censors should put the responsibility could be taken. As far as he knew Eleanore Ninon and Leo Mantin on the other. It was like a game there were only two censors doing come to Hong Kong with an estab-ing he has a good case. of hide and seek. He added that the work, and it was for this reason lished reputation, they have per he was not trying to herp the blame that the Chinese press had decided formed before Royalty, the last on any individual, but he would not to send in everything for ap- occasion being before Her Majesty,
Quer Wilhelmina of Holland, proval. say that the system was at fault
Hi Honour said that the best course to take was to non-suit the plaintiff with costs and allow" him to bring a fresh action provided that he could get the document pro- perly stamped M
Plaintiff war, accordingly non-
His Honour pointed out that M». Russ could appeal, in the matter suited with costs, and was allowed
of the stamp, to the Governor-iz-to bring a frean action within three
(Continued on next Volumn).
months.