THE CENSORSHIP,
(Continual from Page 8.) as the regulations hinge on the ques tion of whether the information dis closed was directly or indirectly of use to the enemy, it is a matter of doubt whether in the present in stance, owing to the factors above referred to, even a technical breach has been committeil
to assume
That is the last thing I should do; but it does occur to me that if dan ger is apprehended in the republica- tion here of what is published all around us some steps ought to be taken in fairness to the newspapers here to tell them of it. Until those steps are taken the newspapers here are justifiably entitled that if they see a paragraph per- mitted to come into the Colony in a British paper, and not only one but more than us, which circulate all around, it is considered that there is nothing prejudicial to any safety at all either of the Colony or the Empire, and that they are entitled to publish it.
Our clients desire to express their ægrot, if they have, in fact, con mitted any breach of the Censorship Regulations, and we would suggest, in view of all the circumstances of this case, that the summons be with. drawn.
Our clients desire us to state that they fully realise the importance of
Evidence for the defence was then called.
Alfred Hicks, Editor of the "Hong the Censorship Regulations and hoar Telegraph," deposed: The office their responsibility for observing the of the Telegraph" receives copies of which they alwaye endeavour papors published elsewhere which are gone through for items of local to thoroughly carry out.
The summons is coming on next interest. The sub-editor clips tha Monday. We shall be glad to have matter, and passes the clippings on a reply before that date. We have to me I make the final selection. the honour to be, sir, your obedient I think a thing of interest and
same,
Kervante.
- AND HARSTON,
(Sd.) DEACON, 200KT, cox Continuing: Now as to the facts about these ships— “
Mr. Wood: Was there any reply Mr. Looker: A verbal one that
it may be safely pat in I pass it, He passed the clipping in question on to me. I knew it had been published in Shanghai. I knew the ships had passed through. here. I knew they had arrived in Shanghai. I was in Shanghai at the time and saw the paragraph in the "North Chinn
the summons would have to be pro-Daily News. I am not sure if I saw ceeded with.·
That is why there it in the Mercury" I had beard was the delay.
where those ships had been- used Mr. Wood: You did not menuơn in your letter the point you raised and where they were to be used "cut this afternoon about the distinction bere and for what purpose. I heard beween defence of the Realm and that in general conversation and I believed what I heard. In Shanghai of the Colony.
Mr, Loober: No; I had not die-I saw one of these ships. "She was
covered it thea.
Mr. Wood: It occurred to 50 since1
Mr. Looker: Yes, it was only when 1
moored off the band. In Shanghai I saw a very large number of enemy subjects. I assume they read the newspapers. When I passed this paragraph the Censorship Regul-
was perusing this wonderful processions occurred to me and I came to last night that 1 discovered it.
The facts are that these ships the conclusion that I could safely publish the paragraph. The "N.C.D. passed through here and of course generally speaking their presence in News is generally regarded as the premier British paper of the Far East. It is widely circulated in tis
038
Far East.
The Crown Solicitor: Did you
at this paragraph to Mr. Bur Bet, the publisher 1-No, the decision in these matters Ees with myself.
Witness added that the final proof“ the colump was submitted to Mr. Burnett, singe her as publisher was
at appeared.
tions? leek.
the censorship regula. I keep a copy on my
Mr. Wood: By "safely" you mean you could publish it without fear of prosecution ?—Yes.
the Colony was well-known to any body or everybody, and practically. speaking their description to any- body who chose to put himself in al 'position where he could have a look at them. When they got to Shang. hai they had to go up the river which is a fairly public place, where you pass fairly close in ships and where anybody can see what their nature is. When they got there of them at least was anchored
Their arrival· right of the Bund was chronicled simultaneously in the two Shanghat morning papers. The North China Daily News" has, I suppose, the largest circulation The Crown Solicitor: You say you of any newspaper in China, not only
et:sidered the regulations. Wi in Shanghaż but in all the neigh you look at regulation 1-"No person
It is taken in by all hall without lawful authority cl bouring ports. the Clubs, innaturable private comet, publish etc., the name of any panies and individuals and it goes of flis Majesty's bips. etc. It does up sad down the coast and I sup
pay anything about the diɛcre- "pose is better known than any other Lion of the editor?-We certainly paper out here. And this is the
have to use a great deal of discre paragraph which appeared in
Lion. "North China Daily News:" "Two ressels of a type altogether new tonation say that you shall not this part of the world bave arrived publish the name of a ship and you in Shanghai," namely two British admit that you did publish the name ships. It does not say that but of a ship. will say it. Then it proceeds to say. how they are armed and where they are destined for.
I don't want to read it, possibly there may be some objections and there is no necessity. It says the crews arrived by steam- The "Mercury' says practical- ly identically the same thing. Two British ships, armed with so and so, and will do service so, and so. This
Mr. Wood; You admit that the re
Mr. Looker: The point Mr. Hicks wants to make is that he was not publishing any information useful
to the enemy.
Mr. Wood: I wanted Mr. Hicks to
say that.
Mr. Looker: He said it in bis. letter.
+
Mr. Wood: It is quite clear from the Regulations and the paragraph that
was published in Shanghai on April your paragraph does contravene the 18 and read by everybody in Shang regulations. Without going outside hai, and by all the Germans who the paragraph, how did you come are still in large numbers about to the conclusion that you might there. On 28th April, top days safely publish it-Because I knew later, an amplified paragraph was these things had already been in published in "Shipping and En- gineering," which is a paper publish themy hands for a month or three ed in the interests of the mercantile
marine, and has a very large circula tion among mercantile ships offi- cers and of every issue of it there
weeks at least
These regulations give you no dip. cretion as to what you might con- sider safef-I merely used common senas and considered that the regula come into this Colony fifty copies, tions had been drawn up to prevent probably more, which are distribut ed among subscribers who are of essential information getting into foers on ships here. These shipa enemy hands.
travel over all the seven seas and
What occurred to Mr. Looker last
presumably this paper travels with night did not occur to you-No I
them
It was from this paper that am not a lawyer.
we cut the paragraph. As far as
Continning: I thought that as it
I understand, as I have already was a republication it was innocuous
and that the authorities would take told your Worship, there is no cen- soring in Shanghai at all. Colonel Do notice of it. The authorities have in many instances overlooked what
THE HONGKONG TELEGRAPH, FRIDAY, JUNE
ANNOUNCEMENT.
IN the absence of Madame LILY who is at present" on her way to Paris where she will personally select new Modes and Confections for the next winter and following Summer Seasons. Mrs. Aris will have charge of
THE MAISON LILY.
As it is desirable that in the interim an effective clearance may be made of all present stock, whether new or old, instructions have been given to sell when requested. DRESS MATERIALS
by the yard. Corresponding concessions will be made in respect of the many other lines at present stocked at
ALEXANDRA BUILDINGS.
been committed and no prosecution The Crown Soleitor said that re- bas been ordered, presumably be-garding the contention of Mr. cause they were not of sufficient in-Looker on the regulations bo"sub
mittel that the matter was absolu- portance to warrant prosecution.
1818.
EXCHANGE.
BANKS
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FOREIGN EXCHANGE and Feneral Banking Business transacted.
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For 12 Months 41% par anuu
LOOK POON SHAN,
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BANQUE INDUSTRIELLE DE CHINE.
Subscribed Capital... Francs 45,000,000. Pald op
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Board of Directora André Berthelat. General Manager A. J. Pernotte. HEAD OFFICE:
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Every description, of Banking and Exchange business transacted.
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M. ROUET DE JOURNÉL.: Manager.
SELLING.
3/24
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3/254
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Nom.
T/T Singapore
13614
In your own experience in your taly clear in the Order in Council T/T own paper you have no precedenti-Paragraph 3 of the Order in Council Demand...........
said the Governor might make re-30 d/s. No.
60 d/5........ Closing his case Mr. Looker said gulations for securing the public ho did not think he need go over safety. It did not say the pub the ground again. He would sub-safety of the Colony
Mr. Wood: The preamble said for mit first of all, particularly in view] of Colonel Mayhew's evidence that the security of the Colony.
The Crown Solicitor continued the information published was not
in his opinion Likely to prejudice that paragraph 3 said that the Guy
ernor might make regulations for the safety of the Colony or of the the public safety and the defence of Empire, that defendant had com-
the Colony. According to the con- mitted no offence under these regulatention of his friend any newspaper tions because if the Governor had
could publish information about the no power to make regulations ex- wept in respect to offences calculated fleet in the North Sea and be ab
He submitted that) solutely free. to affect the safety of the Colony
public safely was not the public safe and if the defendant's offence, ur set
TT Japan. 14459 TT India For Demand, Indis......
Nom. Nom.
IT San Francis-1 76
co & New York
T/T Java 15031⁄2 T/T Marks........... Nom. I/T France 4.3434 Demand, Paris......
BUYING.
4.35
3/312 4 m/s. L/C....... 4 m/s. D/P............ 3/396 sale. L/C..
rather, did not affect the safety of the of the Colony at all. With re30 d/s. Sydney & Colony the Governor had no power gard to this case in particular be
hai in theeo two
NOTICES.
NOTICE.
Ter 2440-
EAK TRAMWAY Co.
LIMITED,
TIME TABLE.
3/33%
800 236 10
3/374
18.09.10 TEM AM, 13.
4:30 AM 20.60 4.M. 140
10 M
1:18 r.
isco&New Yorkf
7714
LU PAL 10 1.2
to
* Mr.
Melbourne.....
15214
to make regulation's in respect to it. might say that the authorities did 30 dis. San Franc
not look upon the information given He thought his. Worship had got
4 m/s. Marks ..............” Nom. the point, And in view of the fact away as so very serious, but it was
a breach of the Censorship Regulamis. Francs
***** 4.4916 harel that this information must.
4.542 tions and these had given a great 6 mis. Franes been well known to everybody con-
deal of trouble. to the Government Demand, Germany. --- nected with the water front both here and in Shanghai before it was and to the officers concerned in the Demand, New York. 7646
T/T Bombay........ published at all, sad in view of the censorship. A very large number of Demand, Bombay... Nom fact that it was published in Spany. Wamings had been given to the news Calcutta
papers, one of papers here and the authorities felt Demand, Calcutta... Nom. which had the widest possible virent bound to take notice of these things. Demand, Manila tion everywhere, including this They did not regard the informa- Demand, Singapore. 13614
114% prem Colony, and that it was published tion furnished in this case as really On Haiphong. in "Shipping and Engineering very serious, but information of this On Baigon 114% prem
serious On Bangkok 484 whose circulation was apt to creep sort might lead to very into the corners where the "North consequence, indeed if the offenders Sovereign .......... 6.20 Nom
Gold Leaf, per oz... 46.40 Bar Silver, per oz.... China Daily News" did not go be were allowed to go free,
Mr. Wood said the only question cause it travelled on ehips wherever
SUBSIDIARY "COINS. there was an officer a subscriber-in was whether he should dismiss the! view of these things even if defen-summons or impose a small penalty.
DISCOUNT PER. $100: dent bad committed a technical of He did not like to decide until he 'kong 50 cts sub.
par, fence, it would be of the purest had considered Mr. Locker's point
$100% prem, technicality and nothing but the and would adjourn the matter until
$1.50% " most nominal conviction should be a later date. recorded From the point of view Mr. Hicks was of common sense justified, although he had no express lawful authority, in thinking, in view of all the circumstances, that there was no reason why he should not publish it. "Shipping and Engi- Bearing" was published on April 28th, and must have been in the Colony for at least a week before the de- fendant published the news. The fact of the publication of the arrival of the ships in the Shanghai papers must have been known to the Naval authorities, who had their intellig- ence nets spread all over the placé, and the fact that no intimation was given to the local papers that in spite of the universal. Far Eastern publication it should not be publish-
Mayhew has told us there as no censoring of newspapers arriving were doubtless all technical breed bere, from the point of view of here. It does occar to me, and Iches of the regulations,
Have you made a practice of pub.mmon sense justified Mr. Hicks in thinking that he might safely
daresay it will also occur to your fishing the names of ships!--Not by publish it; and he thought his Wor Worship, that there should perhaps consistently be certain inspection of any manner of men. I may sayhip would come to the conclusion, what is printed in papers arriving that we are constantly suppressing whatever view he might take other here with a view to instruction being news paragraphs which might be of
given to the local press as to what they shall not publish which is publi- shed in these newspapers. I don't
value to the enemy.
·
Yon had no pesosdent to go on to suppose that this paragraph would
wise of the point he had submitted, that the publication was really a most trivial alízir-ns regards the interests and safety of the Odlony or the Em
be passed without protest1-There pire and only called for a mera
nominal: con
with for a moment to attempt to have been mstances in other papera suggest to the anthorities as to how in which technical breaches have they should carry out their duties..
10
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Canton ".
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