HONG KONG DAILY PRESS.
SUMMARY OFFENCES ORDINANCE DEFEATED BY MAJORITY VOTE
DISTRIBUTION OF HANDBILLS DISCUSSED
"Censorship Essential"-Attorney General
Legislation Dates Back To 1884
Speaking at the Legislative Council meeting yesterday afternoon, the Hon, Mr. M. K. Lo proposing an amendment to the Summary Offences Ordinance dealing with the distribu- tion of handbills, submitted that, alike under the 1888 legislation, under the 1930 legislation and, finally, under the 1932 legislation the mischief aimed at was "posting up or exhibiting" and not "distributing.".
W
"If anyone were minded to distribute objectionable handbills he would not go to the Secretary for Chinese Affairs for approval," contended the speaker.
The Attorney General, Hon. Mr. C. G. Alabaster stated that the practice of the S.C.A. had been to censor handbills as well as posters. It was indicated" clearly since 1884, if not before that date, the Legislature had considered that in the interests of peace and good order a censorship of proclamations and notices in the Chinese language was essential.
A division was taken and the amendment was 'defeated by a majority vote.
HON. MR. LO'S SPEECH that they should be transferred to (which was frankly racially
Prosposing the umendment. Hon. Mr. M. K. Lo. sald-You Ex- cellency: My Honourable falend the Attorney General states in his Objects and Reasons, that "the object of this amending Ordinance is to bring the distribution of handbills again within the mis- chlef against which the paragraph is aimed." It therefore becomes necessary to 'consider the history cf the legislative enactment in question in order to ascertain. from the language of the enact- ment, whether it was ever intend ed to apply to the distribution of handbills. If it was intended to apply to the distribution of hand- bills, then I agree that the second magisterial decision referred to by the Attorney General, in holding that distribution of handbills was not covered by the enactment. was wrong. I hope I may state the
logical corollary of this namely that the legislation was not in tended to apply to the distribution of handbills. then obviously the magisterial. decision mentioned above was correct-which disposes of the only reason advanced for
this Bill.
dis-
to
3. general one, so they are trans-criminative ir character. and ferred to the Summary Offences which was always repugnant Ordinance of 1815.
us the Regulation of Chinese Ordinance. 1888. We rejoiced its repeal in 1930. As a represen- tative of the Chinese I cannot Str, lightly acquiesce in the en- largement of any of its surviving provisions.
Subsequent sections are amend- ments which have been suggested from time to time under the prin cipal Ordinance and all of them are explained in the memorandum of Objects and Reasons attached to the Bl
I desire respectfully to err..- phasise the last paragraph of the Attorney General's remarks.
"SUBSEQUENT SECTIONS"
I should point out at once that paragraph 13D) is one of the
subsequent
sections" mentioned General. Now.
HANDBILLS AND REMINDERS
We get handbills daily-hand- bills by way of reminders of meet- ings of public companies, announ- cing deaths and funerals, and of bona fide advertisements and cir- cular.
If it is considered neces-
by the Attorney
sary that all such documents. f written in the Chinese language. was it intended that paragraph should have received the approval (13D.). 90 far
as concertis Its of the Hon."the S.C.A. before dis- materially from Section 50 of the scope and ambit, should differ! tribution, why should it not be
considered Regulation of Chinese Ordinance.
necessary that such documents, if written in the Eng- 1888? If so, we should naturally lish language. should also have expect to find such amendment been censored, prior to distribution. explained in the memorandum of by some other appropriate autho- Objects and Reasons attached to rity. say. my Honourable friend the Inspector General of Police? In what way were the amend Frankly. Sir, I cannot see what ments of the 1888 Ordinance good such an enactment can do
explained" in the memorandum | la practice.
the 1930 Bill,
of Objects and Reasons attached
If anyone were minded to dis- tribute objectionable handbills be would not go to the S.C.A. for
to the 1930 Bill? The only words in the Objects and Reasons re- the or
levant to our discussion are as fol- approval, any more than a thief lows:--
I accordingly turn at once to the
and origin Jaurce enactment in order, if possible, to extract its intention. As the At- torney General has pointed out paragraph 17 of Section 3 of the Summary Offences Ordinance. 1932 (hereinafter referred to as "para- sraph 17"), was taken from para- graph (13D.) of Section 2 (b) of Ordinance No. 22 of 1930 (herein-
ป
2. Clause 2 transfers with amendments "certain provistons of Ordinance No. 3 of 1888 to this general. Ordinance.
The new
Secretary for
THURSDAY, “SEPTEMBER 10, 1936.
AMENDMENT
Chinese Affairs)
could refuse permission for the
posting up or exhibiting whenever Several
he considered that the publication of the notice or proclamatior would be prejudicial to peace o good order.
New Bills
Passed
CENSORSHIP " ESSENTIAL
These facts. I submit, indicate clearly that ever since 1884, if not before tha: date, the Legislature has considered that in the inter- ests of peace or good order a cen- | M. K, Lo moved the Brst reading sorship of proclamations and no- of a Bl to provide for the incor- tices in the Chinese language was į poration of the Superioress in essential.
That being so, is it reasonable to suppose that the Legislature in 1884 thought that a notice or proclama- tion prejudicial to peace and good order would be objectionable if posted up. but unobjectionable if distributed by hand? At any rate, as I have stated. the practice of the Secretariat of Chinese Affairs has been to censor hand bills as well as posters.
We know from our histories of the Colony that when the Peace Preservation Ordinance, 1884, wa passed it was rendered necessary by the occurrence of a serious rat in a certain small section or dur population, the
leaders of which,
by the issue of subversive and threatening placards, sought to sur other sections of the community into open revolt, sp that troops had to be called out in aid. of the po- lice. It may well have been that Afty two years ago the dissemina- tors of subversive literature favour. ed posters instead of handbills, but we know from the troubles of ten years ago that these disturbers of the peace still exist and that for a long time they have made use of handbills as well as postera to cause trouble.
NO RACIAL
DISCRIMINATION
At yesterday's meeting of the Legislative Council the Hon. Mr.
Hong Kong of the Congregation ol the Sisters of the Precious Blood.
The Hon. Mr. Lo said:-
The Congregation have been in existence for about 50 years work- ing in conjunction with the Canos sian Sisters.
For the last 13 years or there- abouts the late Bishop Późzoni ar- ranged that the work of the con- gregation should be independent of the, Canossian Sisters.
Shamshulpo a free Hospital for The Congregation maintains at
School for girls: Primary Schools Chiriese Children; Secondary
in different parts of the Colony, and a School for novices Intending to enter the Shamshulpo.
Congregation at
The premises at Shamshulpo are now held by the Congregation un-, der a Lease from the Vicar Aposto- le for the residue of the term of the Crown Lease, free of rent.
The Hon. Dr. S., W. Ts'o second- ed.
The following Bills were read a third time and passed:
"A Bil to amend again the Pen- stons Ordinance. 1932."
"A B to amend further the Summary Offences Ordinance. 1932. "
Of-Health 1935,<**
to amend the Public (Sanitation) Ordinance,
"A Bill to amend the Public
I am sorry the Honourable Mem- "A Bill to amend the inw relating ber has thought it to suggest that to stamp duty." there is any racial discrimination "A B in the Bl There is none. fenders against the enactment are or rationality and the enactment to be punished whatever their race appears rightly now, where it was put in 1930, and where the Legis- lature of 1884 originally put it in an Ordinance of general applica- tion.
In transmitting to Your Excel- lency a copy of his speech the Hon. Member omitted to enclose a copy of the amendment be proposed to move in Committee.
Health (Animals and Birds) Or- dinance, 1935."
"A B to amend the Public Health (Food) Ordinance, 1935."
The Attorney General moved the first reading of a Bli to validate certain undertakings which have been
constructed, or commenced over and upon unleased Crown" would invite a policeman to ac-
foreshores and sea bed; and to en- company him on his thieving ex-
act certain, general provisions pedition. And the only people to suffer under the law. If this B!!!
If his amendment is designed to which shall be deemed incorporat- preserve the existing consorship ed, unless expressly varied or ex- Is passed. would be the poor and and merely to clarify it by the septed, . future Ordinances. au- paragraphs
thorising (13A.). ignorant lads, employed to do the addition of
reclamation a paragraph on the
or other 13B), (13C.). (13D.), and (13E) distributing-elther knowingly in lines of sub-section (2) or section
works of a public nature over and are derived respectively from sec-deflance of the law by those who 50 of the repealed Ordinance No. 3
upon such foreshores and sea bed." tions 25 and 27, 22 and 27. and 23 want objectionable handbills dis- of 1888, which sets out that the Se- after referred to as "paragraphand, 27 and 50 and $1 of that Or-tributed. or unknowingly and in cretary for
The Attorney General explained that Chinese Affairs may (13D) "). which is in the follow-
the Bill
WILL arst read dinance."
Ignorance of the law by those who refuse permission whenever ing terms:-
heon January 16 and since then *(13D.)
Surely it cannot be suggested want unobjectionable and bona In any public street.
considers that publication would be it had been discussed in the Cham- that any material amendment of fide circulars distributed.
prejudicial to peace or good or- road or place posts up or exhibits.
ber of Commerce and was submit- I shall therefore propose an or causes to be posted up or exhi-Section 50 of the 1888 Ordinance
der, I think the Government might ted to the Secretary of State. was ever intended; certainly no amendment in Committee as fol-accept the amendment. It would Certain changes were made and it explanation of the effect of any lows:-
only state more clearly the exist was considered desirable to have amendment Was given in the Ob- That paragraph 17 of Sectioning practice. But if, as I have been the Bill reprinted and re-introduc- 3) of the Summary Offences told, his amendment is designed dinance 1932 be amended by the to abolish the censorship provided substitution of the following words by paragraph (17) of section 3 of for the words set out in the said | Ordinance No. 40 of 1932, the paragraph:--
amendment could not be accepted
bited any notice or proclamation in the Chinese language without the permission of the Secretary for "Chinese Affairs or a District fects and Reasons, Officer. This paragraph is not to apply to Government Notices:"
SAME LANGUAGE
NOT "DISTRIBUTING"
I submit very strongly that. alike under the 1988 legislation. under the 1930 legislation, and.
anally, under the 1932 legislation. the mischief aimed at was and is "posting up or exhibiting," and
not "distributing.".
Ie-
ed.
The Colonial Secretary seconded: The Arst reading of a Bill to amend further the Colnage Offen- ces Ordinance, 1885, was postponed.
"In any public place distributes by the Government and would be The Attorney General explained posts up or exhibits, or causes to be distributed posted up or
out of order As a Committee that the Hon. Dr. Te'o had request- ex-Amendment after this Council hased a postponement in order that hibited, any handbill notice or decided, by passing the motion for he may explain the Bill to the Diz- proclamation which is or may be the second Reading, that the prin-trict Watch Committee. The Bill calculated to be prejudicial to ciple of censorship in necessary. provided for the raising of the peace or good order, or to
I have only to add that the only maximum Cenalty under two sec- Chinese who have come to my of
tions from one year to three years Ece to discuss this Bill have assur- which are only intended to apply ed me that they approve of its to serious cases that go to the provisions.
Criminal Sessions.
the
ATTORNEY GENERAL
"Replying the Attorney General said:-Sir: The object of clause 2 of this Bill is to maintain the prac- tice of censorship" of handbills in the Chinese language which
been carried has
LORRY ACCIDENT
Another lorry accident occurred yesterday in Kowloon involving lorry No. 3995 and a small child long aged hamed Cheung Kam Lin as" anyone in the Secretariat The driver of the lorry,
on
0.3
It will be seen that this langu age is substantially the same as that of paragraph. 17, the only difference being that in paragraph 17 the phrase "public place"
The Attorney General bag (which by statutory definition in-
ferred to two confileting magis- cludes 231 plers, thoroughfares.
terial decisions, but I submit that friendly relations between the streets, roads, lanes, etc,), is used instead of the words in paragraph from 1888 to 1932, mere "distribut Colony.
on the wording of the legislation | Colony and any place outside the (13D) of "public place road or ing" was wrongly held in 1931 to be places."
and rightly held in 1932 not to be. Now we know that paragraph an offence under the enactment.
'Present at the meeting were:- (13D.) was not a new enactment, I notice that the Attorney Genera!
His Excellency the Governor, Sir (nor was it corisidered and passed does not suggest that, from 1883
Andrew Caldecott, Kt., C.MO.. as such by this Council). for we to the first magisterial decision in
C.B.E.; His Excellency the General have the Attorney General's au-
Officer Commanding the Troops 1931, it had ever been regarded by thority for saying that it was in anyone in authority in the Colony
C.B.. C.M.G., C.B.E., D.8.0.; The Major General A. W. Bartholomew, turn taken from Section 50 of the that distributing was an offence
Colonial Secretary-Hon. Mr. R. A Regulation of Chinese Ordinance, under the enactment. 1888, which is the following terms: Notwithstanding the officially
C. North; The Attorney General- Hon. Mr. C.. G. Alabaster, K.C., "50. (1) No person shall post avowed object of this Bill, I-sub-
Mak O.B.E.; The Secretary for Chinese up or exhibit, or cause to be post-mit therefore that the effect of
but which a recent magisterial driving along Pelho Street about The Colonial Treasurer--Hon. Mr. Cheung reported that he was Affairs-Hon, Mr. W. J. Carrie; ed up or exhibited, in or near any the proposed amendment is not to street, any public notice or pro- get rid of an erroneous magisterial authorised by paragraph (17) of into Yu
decision has held cot to be
about 7.45. p.m. and was turning Edwin Taylor. C.M.G; Hon. Comdr. clamation in, the Chinese language decision given contrary to the
Chan Street when his G. F. Hole, R.N. (Retd.)-Harbour without the permission of the spirit and intent of the enact section 3 of the Summary Offences attention was attracted by cries Secretary for Chinese Affairs.
ment, but to enlarge the scope sider is not whether the magistrate He stopped and turned around. Dr. A. R. Wellington,
Ordinance. What we have to con- and shouts coming from behind spector General of Police); Hon. Master; Hon. Mr. T. H. King (In- (2) The Secretary for Chinese and ambit of that enactment. Affairs may refuse such permis-
was right or wrong in the construc- And I feel I can hardly crave in
He saw the young boy standing Director of Medical and Sanitary
CMO.. sion whenever he considers that ald
tion he placed on the enactment, of my submission a more
under the verandah at the side of Services; Hon. Mr.. A. G. W. Tickle the publication of such notice or cogent support than that furnish- but rather what is the mischief the road bleeding from his left Diretor of Public Works (Acting); proclamation would be prejudicialed by the circumstance that the against which the provision was temple.
Hon. Mr. J. J. Paterson; Hon. Mr. to peace or good order: Provided Law Officers of the Crown did not aimed. Having ascertained that.
The lad was taken to the Kow- J. P. Braga, OBE; Hon. Dr. 8, W. that this section shall not apply appeal from the 1932 magisterial we should then amend the law o
loon Hospital and detained, Ts'o, CB.E, LL.D.; Hon. Mr. M. K to Goverment notices."
decision to the Fall Court. If the as to make the matter clear.
not being known whether concus Le; Hen, Mr. T N. Chau: Hon. Mr. sion resulted. It is suspected that M. T. Johnson; Hon. Mr. A. W. the lad ran out from the side- Eughes; Hon. Mr. E. Davidson... walk into the side of the lorry.
Mr. D. M. MacDougall (Clerk of Councils).
of Chinese Affairs can remember,
In moving the first reading of magistrate's decision were wrong. The Hon. Member has traced the the Summary Offences Amend- it is inconceivable to me that the origin of the provision back to sec- ment Ordinance, 1930, under Law Officers of the Crown should tion "D" of Ordinance No. 3 of which paragraph (13D.) bechme have refrained from exercising 1888. It goes back even further law, the Attorney Genera! said:— their obvious legal remedy of ap- | than that, certainly as far back as "In the first part of this Or-peal. And I, may' Ineldentally re- section 10 of Ordinance No. 22 of dinance..amendments are made to mark that it seems to me to be a 1884, which was insituled "The the Summary Offences Ordinance somewhat novel proceeding that Peace Preservation Ordinance.” in respect of firecrackers, proces- Executive should seek the reversal When the enactment was trans- alons, notices and things of that of a magistrate's decision by legs-ferred to Ordinance No. 14 of 1863, kind which were formerly dealt || lation.
(later renumbered as. No. 3 of 1888) with under Ordinance No. 3" of Paragraph 17 is, to us Chinese, express provision was made that 1888, and its considered desirable an unhappy relle of an Ordinance the Registrar General (now : the
GARDEN FETE
The postponed Garden Fete at Bookunpoo organized by the Royal Army Ordnance Corps Association will probably be held on Sunday.
COLONY'S
HEALTH
Two cases of diphtheria were notified to the local Health au- thorities on Tuesday.
MODERN
CHROMIUM-PLATED
STEEL
FURNITURE
Modern
as
the minute - -.
Lasting
as the years
LANE, CRAWFORD, LTD.
FURNISHING. DEPT.
CHILLS
Weaken the Chest
"Take PIPS BEWARE of sudden chills and
colda Thay leave you exposed so bronchitis and other serious cheet weakness. Be wise, and at the first enosse or aliver taka Pepa breatheabis tablets. Papers wodderfully sooth ing and healing. They soon destroy Infection germs, and throst trouble and strengthen and invigorate the chest and lungs. Also fe coughs, of all kinds. Endimatum, hemsschitis, asthma, catarrh, etc,
Mallein dastern marywkers sAČ
Pull printed élesztiona enciosad.
The name PEPS le stamped in mich viltar-proppal tablól,"
THE ANTISEPTIC BREATHEABLE TABLETS.
PERS
ANTISEPTIC BREATHEABLE TABLETS
After
I am very fastidious about my Talcum Powder
fter the bath following vigorous exercise wo
all need a powder that is absolutely smooth and silky. That's' why I use Cuticura Talcum. It is the most exquisitely fine powder I've ever used. And the perfume is a wonderful blend --both fragrant and wholesome-it smells so clean and sweet."
The reason why Cuticura Talcum is used by women who are extra particular about their toilet powder is that it has a fineness and purity which is unexcelled.
Caticura is scientifically prepared by a "special process—it has the same guaranteed
quality of excellence which has made. Cuticura Soap famous all over the world. If the skin is overheated and chafed, Cutiana Talcum soothes it at once. coolsatioy softness is like a balm. Use it after bathing-before dancing or strenuous exercise. It absorbs perspiration-you stay sweet, dainty and fresh for hours. Sold by all Chemists and Stores
Cuticura
Its
TALCUM POWDER