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SEDITIOUS DOCUMENT
CASE.
CHINESE SENTENCED TO SIX MONTHS.
THURSDAY, JUNE 14, -1928.
to discard the papers If he had of the crowd would be, if they had boon impelled thereto by guilty boon there. Where there is no knowledge.
ovidence of distribution, it would Counsel's next point was that also be difficult to gauge the pro- there was no evidence of distribu- babla mentality of that audience.” tion by the defendant of any of Counsel said that as in many the documents. It was an import-other cases, the author of the pam ant point, in that, if the charge phlets, who was probably a hired Mak Yuen, the man who figured was to be brought against the de- patriot, had got off Beot-free, confid In the recent Incident on the water fendant under the Sedition Or-ent in the knowledge that his work front, when he smashed the head-dinance, it was absolutely neces- would be distributed and doubtless gear of two travelling traders, and sery for the prosecution to show also fully aware of the probable who had served a term of ten days that there was an audience to fate in store for his catapaws in Imprisonment for the offence, whom he was diatributing the the event of the documents being again appeared before Major C. pamphlets with the result that seized in their possession. The ends Willson at the Central Police they were so moved as to permit of British justice, such as Counsel Court yesterday afternoon, in physical violence or disorder in a understood it, would be subverted and through the agency of no less proceedings Instituted matter, of State. against him. He was charged.
a person than that author. with being in possession of sadi-
further
THE
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REGULAR AND FAST PASSENGER SERVICES |
FREIGHT AND
was absolutely necessary for tous documents. Counsel for the the prosecution to show that, the There might be or might not be defence (Mr. Hin Shing Lo,) whb object of diatributing the pampa- a state of emergency in the year was instructed by Mr. J. M. Hall; leta was to emite or fan disaffes- when the 1925 Ordinance which of Meaars. Lyson and Hall; fn, tion amongst u people, to raise Inspired the second charge, came lengthy address, dealt with the local rebellion, or to bring about into existence. But it would sim- substance of the documents in such a condition of affairs where plify Counsel's case to say that if respect of which the defendant the local administration of justion that further charge was brought in was charged, and urged the Magle was brought into ridicule. Buch for the purpose of showing that defendant's conduct might tend to trate to take a broad-minded view, being the case, it would be very of the case, saying that the prob- unsafe to register a conviction as cause a breach of the peace of the the other charge of sedition, which able effect of the documents wassuming, that other things were Colony, that admission weakened LONDON SERVICE. an innocuous one so far as this against him, which in fact they Counsel viewed to be an entirely Colony was concerned.;
different matter from, the former.
The first of the two remaining charges against the defendant was of unlawful possession of four
were not.
Apart from its reference to the leading political figures in China and to the actions of the Japanese
teen pamphlets containing seditious Government in the Tainan affair. matter, and the accond, was of pos which did not concern the Colony session of those documents which at all or endanger its peace and were calculated or tending to per good order, the remainder of the sunde people to refrain from dealterature was merely a historical ing with persons in the course of record of past and recent events trade, or to do nets calculated or in China. To illustrate his point, tending to cause a breach of the Counsel drew up the simile of an
peace.
"
No Mention of "Boycott”. Nowhere in the accepted transla- tions was there any occurrence of the word "boycott," and it was curi- ous that a charge which made that out should be put in.
"DIOMED"
"HECTOR" "PERSEUS"
25th June
M'ies, London, R'dam & Hamburg^]
11 July Ms, onton. B'stam & Glangow 24th July.
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M'ler, London, B'dam &'iÈÂmburge
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via Kobe & Yokohama
.. 23rd June Dealing with recent legal history "TINDAREDR Counsel then stated that the Hoycott NEW YORK SERVICE Ordinance was not in existence,
"HELENOS" 29th June. and the Emergency Regulations
DARDANDS 27th July, Eton or other public schoolboy in Ordinance of 1922 had been repeal- Mr. Hin Shing Lo put his client England who had in his possessioned. In Counsel's opinion, what then PASSENGER in the witness-box, from where the a treatise on such matters as the happened was that the Law Officer Intter made a long statement re- Oplum War, the impeachment of whe drafted that original Emer garding his movements on the day Warren Hastings, the American gency Regulations Ordinance had OUTWARD SERVICE in question
War of Independence or the Black felt that as the stato of emergency Ho sald that at one time he was Hole of Calcutta; but who could had passed, and as it was not pos- employed by Dr, Allan, and then not be arrested and charged with sible to make use of the Sedition because such treatise Law, some other measure was ne had gone to work as a cook for a sedition, resident at 512, Wanchai Gap. merely expressed one of many cessary to keep pace with the Then, because he was told to scrub opinions on the subject, although change of circumstances. He then the floor, he left and was looking for employment when he came across a friend, whose name was Tam Tsat.
that particular opinion might very well come under the category of "being violent."
The "Imperialists."
drew up the Ordinance of 1925, with this aim, that whenever we
could not make use of the Or- dinance of sedition and whenever we imagine a state of emergency did exist, we could use that new measure.
That boy could not have been Tam Taat, who met him near convicted of sedition merely be- the reservoir, urged him to boycott causo he had in his possession
Probably also, he was Japanese goods and asked him to literature which was so viewed as
not concerned with the particular accept custody of a sheaf of being "seditious”
merits of euch cases sa ho pre- papers because he had his hands
conceived would, from time, to time full with other things. Near
As for the term "Imperialists," of that measure. He was not to be brought up under the aegis Wing Lok Wharf, witness was ar- rested as a result of the hat-smash-which occurred in the seized mow the merita or demerits of ing incident and lost sight of Tam papers, Counsel anid that from fre each case. Each case consequent- Tant from that moment. The quent use, its meaning had become ly had to be judged on its own in- papers which he left with witness innocuous. For that matter, Chiang dividual merita, sald Counsel, as were subsequently found by the Kal-shek and the other Chinese the Crown could not have it both police in witness umbrella. Wit-leaders could be labelled Imperia- ness sald he did not understand the purport of those documents, as he was unable to read or write,
No Evidence of Distribution.
lists of a sort, and China herself ways. It was left to the discretion was, also Imperialistic if her his of the Magistrate, who then became tory in relation to Manchurle, the public and the Executive.
the only figure interposing between Mongolia and Thibet was consider. ed. There was no referance in
In hle final address, Mr. Lo those documents which gave people submitted, firstly, that there was in Hongkong the odium attached no evidence of guilty knowledge, to the use of the derm. although physical possession of And assuming that the authors the documents was admitted; and, of the leaflets went so far an to secondly, that if the charges were urge the total extermination of brought under the heading of Chiang Kai-shek, Chang Tso-lin or seditious documents, the enus had the Japanese Government; still it
Counsel said that once his Wor-
ship agreed with him that these documents did not bring the ad- ministration of this Colony into con- tompt, then he thought the defend- ant was entitled to discharge. The case was one concerning a mo mentous question in this Colony.
A Fearsome Ordinance,
been satisfactorily discharged by was not a matter concerning the In conclusion, Counsel brought the defendant of proving that he Colony or one which could be did not know what the documents regarded as peditious because up his last point that the prosecu were. He had explained how he it had or could have any local tion having falled or thought it came by them, and his story in the effects. If any audience had was going to fall on the charge of оло would aedition, had seen fit to resuscitate Court was consistent with what been conjured up, he had told the Chinese Sergeant Major Wong Lau and the police in the first instance, Counsel point ed out that it was sometime after the arrest that the police made their discovery of the so-called "Where there is no evidence of confidence on the part of the pro- seditious documents, and he argued sedition, as far as the Colony is secution. that the defendant in the mean- concerned, it would be difficult for
(Continued on Page 13.) time could have had plenty of timous to gauge what the mentality
expect that audience to comprise such a fearsome ordinance as the mostly of poor and illiterate coolies, Emergency Regulations Ordinance who were much too dense to dis- of 1926 for a further, and to put tinguish the subtleties or finer it at its highest value an alterna- tive, charge. Counsel submitted points of Chinese politics.
that this was evidence of non-
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