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WEDNESDAY, JUNE 20, · 1928.
CENSORSHIP CASE VERDICT.
ultra
1
P
shall
TRIAL.
the Censor amounts to is (in BRIGHT SPOTS IN TEST offèct) to say "T'see no objection to the matter submitted, but if you
risk."
publish it you do so at your own
·
Anti-Japanese Incidents,
If the defendants had had the
(Continued from Page 1.)
was the only player to offer rosis- tance, and he batted in his usual,
to
119 v Lancashire. 119 (not out) v. Warwick, 101 (not out) v. Sussex, Surrey compiled 506, Ducat be- ing assisted by Shepherd, who also played a big share in the victory by an innings and 149 runs. The scores were:
BRILLIANT RHODES.
Puzzles Loicesler Bats in.
Both Innings. ✨,
Yorkshire gained their socon victory of the season at Leedd where Leicester, went down by, al innings and 28 runs.
J.
Ta Rhodes must go principai credit for the cany auccess, though Oldroyd contributed an invaluabid contury. The scores were;
Leicester: 142 and 121. Yorkshire: 291,
tion of 101.
Rhodes again met with success when Leicester made thele' second vonture, claiming 4 victims at a cost of 8 runs apiece.
BATES, 200.
Warwick Pull Round in Great Style.
Faced with a fairly formidable total, Warwick, rallied in great style, and, thanks to a brilliant effort by Bates, gained points for a lead on the first innings against Worcester at Birmingham. The scores were:
the paragraph published in the (Continued from Paga 1.)
issue, of May 9 to be substituted 'Equal Rights.
for the paragraph in one of the Mr. Lo argued that the sensor-proofs submitted on May, 8 and vires that it was a common practice to ship Regulation
it contravened the Royal submit matter for censoring after alightest idea of civic responsibili-elegant style for 74 (not out).
HUGE SURREY TOTAL. '. Instruction by subjecting Chinese actual publication. He furtherty, they must have realised that In to restrictions to which Europeans stated that he only submitted for the then state of Chinese feeling, the publication of such matter considered
excite further feeling are not subjected. It is obvious consorship what he
Ducat Makes Double Century. that this beneficient instruction is matters of great importance, and might
In this Colony, and, as a matter of
"Andy" Ducat is filling in bril. to secure to all persons of what-that he considered a Boycott unim- between the Chinese and Japanese
style the gap created ever nationality.equal rights in the portant.
Lofcester batted first, but wore The words of the regulation fact, subsequently to such publicn-lant Colony, and it la incontrovertible
tion, viz, on May 17, anti-Japanese by the unfortunate strain that if any European Printer or (No. 1) read. "No person Publisher prints or publishes print or publish.... any matter demonstrations by certain irres- Hobbs. Against Essex at Leyton, quickly in difficulties, Rhodes mak matter in the Chinese language (other than a bona fide trade ad-ponsible Chinese occurred in the he continued his succession ofing full use of an ensy pitch and Yorkshire were not conspicuous If publishers Colony and continued for about a centuries by scoring 208; his taking 0 wickets for 56 runs, he, in common with any other vortisment) "person," is subject to and bound elect what matter they will or will week. I do not suggest that there highest of the senson. Made in an by the Censorship Regulation, not submit for censorship (arro-were grave disorders, but agitators innings almost free of chance, it for their batting prowess, except That no Europeans do publish gating to themselves the special addressed crowds in the streets was his fourth 100 in successive for Oldroyd's personal' contribu-
and distributed inflammatory kate for Surrey, his previous Chinese newspapers in the Colony funétions of the Secretary for literature, and there were in scores being
Chinese Affairs) the whole ob is quite beside the point.
It is not within my province to ject of the regulation is defeated stances where excited crowds ac- tually attacked Japanese shops comment on the expediency of ro-
Only one Exception.
and smashed windows, and al- taining or enforcing regulations
though the defendants are not made c.g. during a strike, after the
Apart from the one exception, charged with an act calculated to public danger contemplated by the authority who made them, has, in cannot print or publish a cause a breach of the peace, the single non-censored word without probability that the publications, fnet, passed.
Presumably there committing on offence against the in the known circumstances, might are good and sufficient reasons
Regulation.
lead to demonstrations, compels
Essex: 220 and 137. why the authorities should still
Although these proofs appear to me to take a mare serious view of
Surrey: 506 for 4 wickets continue to exercise consorship
(deed.) and control over matter printed have passed through the hands of the Boycott cases than I'atherwise and published in the vernacular. certain printera and the defendant would have done.
publisher's Assistant Editor, not In his evidence, the censor Easox were outplayed. Dismiss one of these have been called to agreed that matter once sub-ed for 220, their bowlers were corroborate the defendant publi-mitted and passed need not be re-severely trounced. Scoring was If the matter the subject of the sher's statement that the para-submitted for purpose of subse- not fast until Ducat and Shepherd boycott cases is a fair sample of graphs were in the proofs when sequent publication, I incline to came into partnership, after which what the defendants would print submitted, moreover there is noth-the view with regard to the censor- the total mounted rapidly. Ducat and publish were the consorship ing on the proofs to show that ship cases only, that although the made 208, while Shepherd ably withdrawn, I must confess that personally I see the most urgent they ever passed through the de-publications were two separate seconded him with a contribution first innings, but his offort was reasons for maintaining it. I am the other hand, the censor's ini-alleged on the 9th and 10th May of 145 (not out), therefore unable to agree with Mr-tials show clearly that he saw the constitute one continuing offence. Lo's submissions and hold that, in law, the regulations are neither proofs, and in view of his recent and should have been the subject
instructions to reject Boycott mat-of one charge and not two. ultra vires in their inception, nor
ter, the presumption is that he
Nominal Fines. continued existence.
With regard to the four censor-would be on the qui vive for such
Consequently, 1 amend the two ship cases, According to the important matter. It is also hard.
sub-conceivable after the specific summonses relating to the 9th the defendanta
10th evidence,
9th and read by the Muy to
dismiss the two mitted 'hree proofs to the Secre-instructions received.
for censors, that the Chief Trans- May and tury for Chinese Affairs
intor when interviewing the summonses against the printers and censorship, two on May 8 and one
men-publisher respectively for the ceu- on May 9, and the method of Editors, should omit to
this important aub-sorship charge on the 10th May. censoring at that date-a new tion method started in April-was for ject, and, in any event, whether On the remaining six charges, 1 Censor to delete any obfce- the subject of Boycolt was or was convict the respective defendants tionable matter by striking it not mentioned, the Regulations I ignore the suggestion in the through with a red or blue pencil against publishing Boycott mat- censorship enses of fraud on the or an ink cross or line, which in-ters had been in force since June, part of the defendants, and regard dicated that the matter was not 1920, which appears to be a suf- the facts disclosed as a mere indis- cretion on the part of one who, passed for publication, or toficient warning.
while expressing respect for the improved but slightly Censorship, in practice habitually first attempt, and failed to avort place his initials in the corner of any objectionable paragraph, which indicated that the particular.
te consideration of the treated it with sublime indifference, the innings defeat.
and although I cannot acquiesce in I accordingly attach Mr. Lo's invitation to treat the mat- paragraph was passed for publien-ev Lion.
Reasons for Continuance.
to
fendant, publisher's hands. On and distinct issues, the offences
Mgistrate's Finding. ·
+
I
DERBYSHIRE'S WIN.
Skipper Plays Big Role, Derbyshire defeated Northants at Derby by an innings and 50 runs, the skipper, G. R. Jackson, playing a big part in the success. The scores were:
Derbyshire: 373.
Worcester: 312 and 112 for 3
wickets. Warwick: 402 for 8 wickets. Fox scored 110 in Worcester's eclipsed by Bates who made no tow- er than 200 out of 402. The declara- tion was made when his wicket fel.
Worcester played out time and were 22 runs ahead with 7 wickets in hand when atumps were drawn. TYLDESLEY NOT MISSED.
Lancashire Make Big Score Against Notts.
While Tridesley was making big score for England at Lord's Lancashire did not suffer by hs aligence from the important math against Nottinghamshire at Min-
Northants: 136 and 187. Consistent buiting by Derby, with G. R. Jackson (108), laid the foundation for success, and when
The Nott's bowlers were tronc 136, victory was assured.
Forced to follow-on, the visitorsed and Lancashire gained pants. on their for a first innings' lead in a match interfered with by rain. The sores
Northants were skittled out for
chester...
were:
Notte: 302 and 10 for 'wic
ket. Lancashire: 428 for 9 wickets
(decd).
Blank spaces were some more weight to the recollections of
Mr. M. K. Lo, solicitor for the The last Notts wicket fell with times, but, not always, struck the Censors in respect of the subter as trivial and dismiss it, I am persons irrespective of their nn- through.
mitted proofs, and find that the prepared to look on the two cen- tionality.""
sorabip cases with a benighant eye, Prior to April, the method was matter as published in the Issues and according fine both the printers defence at the end of his Wor- the score at 302, the lending con- sometimes to pass a whole proof of May 9 and 10 was not submitted (each individual partner in the de-ship's judgment said Arising tributer being Whysall who made sheet containing several articles, to and passed by the Censor. fendant firm) and the publisher the out of your judgment, about not 102.
Lancashire replied by a sound (particularly written matter from Further, in my view, any subac-nominal sum of $25, in default, calling a further witness in corro-
substitu- seven days' imprisonment without boration, I ask your Worship's all-round batting exhibition, only Canton) by one initialling only.quent alteration in or
leave to remind you that the rea Makepeace exceeding the 100 mark, The new method of initialling tion of matter duly censored and hard labour.
The boycott cases are in an enson for my not having done so was Makepeace ran into form for the every passed paragraph was not passed creates, at any rate, a
defendants. technical offence against Regula-tirely different category. because you expressed to me in first time this season, but his wic- communicated
to sentenced recently
im-court, and I mentioned to you at ket was taken soon after his 100 The spaces in the censored proofs tion 1.
With regard to the four Boycott prisonment for offences advocat the end of the case, in the absence was hoisted. containing the paragraphs the
boycott, certain ignor of the Press, that you accepted subject of the charges, were cases, Mr. Lo, as a second defence, ing
my client's evidence. neither struck through
nor contended that the matter printed ant Chinese workers. The print- initialled.
and published does. not contravene ing and publishing by the defen- Regulation 2, as it does nothing dants of the matter proved in these more than any trade publication cases is equally grave, and though The first witness for the prose urging people to buy British croods 1. distinguish between the two cution, Mr. Lay Sheuk-chong, in preference to (say). American clauses of cases-in the present cases the defendants did not in censor, gave evidence to the effect products, and that if what his
an person exhort the public-I see no that he did not see the paragraphs client had advocated was in question in the proofs submit offence, every such trade publica- reason to mete out different punish ment to educated and responsible ted for censorship on the 8th and tion was also an offence. 9th May, that if he had seen them
Censor's Evidence.
The fifth witness for the pro- secution, Mr. Lam Pak-chung,
Bo unani-
A Direct Exhortation.
#
Fines and Imprisonment,
His Worship remarked that, he could not recollect having done so a misunderstanding. and said that there was obviously impression and added that he did ask whether that was his Wor- ship's feeling at the end of the
Mr. Lo said he was under that
SUSSEX ON TOP.
Excellent Bowling by Rev. Browne.
With Maurice Tate away at Lord's, the bowling strength of
ped into the breach, and with a fine Sussex was considerably weakened, but the Rev. F. B. R. Browne step- Mr. Lo then applied for a stay analysis of 6 wickets for 60 runs, of sentence saying there will be played the principal part in Sus- a "bona fide and speedy appeal sexe win on the first.
Hampshire made a heroic at- from your Worship's Judgment."
evidence.
He asked for leave to appeal on tempt to snatch a victory, declar- facts and on law.
ing in their second innings when
Sussex: 232 and 65 for 1 wie
ket.
certain whether his clients could find the ball. They might have one would expect and he was not EXCELLENT PERFORMANCE;
The combined Minor Counties
The material words in the pub-persons. he would have rejected them inlications are (in the issue of May accordance with his instructions (9) "Warning to our Chinese...
1 fine the printers (each in to reject all matter advocating all of us who wish to maintain our boycott, and that the paragraph nationality must refrain from dividual partner of the defendant If your Company) the sum of $250 on each commencing "Our masses must not using Japanese goods.
His Worship indicated that he only 181 runs ahead; Sussex how- use Japanese goods" in the cen-enthusiasm is going to last for charge, in default, one month's im- sored roof submitted on May Sonly five minutes, you might as prisonment without hard labour,
Hants; 199 und 214 for 6 wic. is not identical in words (though well prepare to become slaves in a and the publishers $500 on each was prepared to grant a stay ever played out time. The scores
kets (decd). it is identical in substance) with lost country" and (in the issue of charge, in default one month's im- In the matter of bail, it must bewere:
Appeal Question. that in the published issue of the May 10) "All our countrymen arise prisonment without hard labour, the equal to the fine at least.
The imprisonment to run concurrently. 9th. He further expressed his in a body and be active.
In addition, each printer and the Mr. Lo said his Worship had in. opinion that the Ink of the proof Japanese have challenged us and publisher must go to prison for one ficted penalties much heavier than
our Chinese paragraph is of lighter colour than cruelly murdered
month without hurd labour on cack that of the surrounding print, the Officials and people.
also to run concurrently. inference being that that parti-mous in severing economie recharge, these additional sentences cular paragraph was inserted in a lations with Japan."
to go to jail temporarily even if team performed capitally in de- When a person wrongs others blank space after censorship.
through the medium of the press, the Court of Appeal reversed the feating the West Indies by 42 the least he can do to right the decision. He asked for nominal runs at Exeter. On the first in- The paragraph is the lesue of wrong la publicly to apologise bail, pointing out that one of the nings they were 181 runs in ar another censor, who censored one the 9th May is a direct exhortation through the same medium, proof sheet submitted on May 8 to the Chinese members of the therefore add that if, at the ex-decisions was one month's impri-rears, and were forced to follow stated that he remembered clearly general public to refrain from piration of seven days, the defen-sonment without the option and on.
Lockett, followed by some superb that the two paragraphs relating dealing with the Japanese in the dants have prated and published in that he was appealing against A brilliant batting, display by to the Boycott were not on the course of trade, and the paragraph the Hengleng Morning Post for that.
Mr. Lo also referred to another howling by Hazelton, the Buck- submitted proof when he initialled
in the issue of May 10 is clearly two consecutive daily issues an ex- It. He also stated that he did not intended to persuade the same pression of regret and apology to point arising from the judgment. Inghamshire player, gave them a see in the proof submitted to and
West Indies: 289. censored by him on May 9, the members to carry on an active boy the Japanese community in Hong-He said, with the greatest respect well deserved success. The scores
cott. A bona fide trade publica-kong in the following terms, I shell to his Worship, that he would were:
Minor Counties: 108 and 326. four slogans commencing "All our tion, in respect of any particular be prepared to recommend to the like to know how much printers
West Indies: 103. countrymen arise in a body and be goods, urging the preferential proper authority, remission of the were to pay by way of fine. Each active."
He had received his instructions The collapse of the Minor Coun The fourth witness for the buying of British goods is a remainder of the defendants' sen- of the partners had been fined $25.
recog-tences of imprisonment.
from the Manager of the defen- lies in the first innings prosecution, Mr. Lo Kam-chak, the practice internationally
dant firm. He was not bound to brought about largely by Griffiths Chief Translator in the Secretariat nised as a mere puffing of one's
disclose the names of the partners, who took 5 wickets for 18 runs. for Chinese Affairs, stated that the own waren, whereas a boycott is
neither did his instructions enable Going: in a second time, a much defendant publisher was instruct-deliberately intended in its result led by him prior to May 8 not to deprive the persons aimed at of "Wo... trading as the Chunghim to do so. He added that the brighter display was given, and
half the total. td publish any leader or similar their means of livelihood, by the Fat Company, Printers, and. Leung Partnership. Ordinance was civil Lockett contributed 154 nearly
boycott wholesale destruction of their Chan; Publisher, all of Hongkong and nothing more. promoting 1 article
legitimate trado.. It.is the malice the Printers and Publisher respec-
His Worship said that he would The game had taken a definite against Japan.'..
behind this which brings.it within tively of the Hongkong Morning the spirit and meaning of the Re-Post, having on the 9th and 10th have no objection to allow Mr.swing, but the West Indies needed.. gulation.
May lust unlawfully printed and Lo's clients auch buil as the law only 145 runs for victory, which they failed to obtain, Hazelton The evidence of the defendant; I am therefore unable to agree. published in the Chinese language would allow.
Mr. Los But how much have I bowling magnificently and taking publisher (who is also Editor of with Mr. Lo's second contention in the said newspaper certain mat- the HongkongMorning Post) is and hold that both paragraphs thr advocating a boycott of Japan- to pay by way of bailt. You can't 6 wickets for 46 runs, to the offect that both the para-clearly contravene Regulation 2. epe goods, calculated in its result compel me to tell who the partners graphs and the slogans in ques- Mr. Lo also pointed out that to injure the Japanese community are...
Mr. Lo urged that the Court tion were in the submitted proofs, other matter advocating a Boycott in Hongkong, and, having been sen and that be was instructed by an had been passed by the Censor tenced therefor to fines and impri- could fine only the Manager who. official in the Secretariat for Chio-This may be so, but such passing sonment hereby express our regret assumed responsibility.
His Worship eventually granted ese Affairs, not to publish any cannot stamp, unlawful matter and apologise to the Japanese Com- thing in "strong or violent lan-with the brand of legality; nor re-munity in Hongkong and further ball of $1000 to the publisher and guage" against the Japanese, but love the defendants of the legal counsel and advise the Chinese in-8250 to the person whom Mr. Lo he denies being instructed not to consequences of its publication. habitants of Hongkong loyally to represented on the printing firm. publish. Boycott matter. He ad- A Censor has no power to abrogato live in peace and amity and to con- Such ball was to be furnished mited, however, that he ordered the law. All that the passing by tinue to trade as heretofore with all within twenty four hours.***
Publisher's Version.
יו
Suggested Apology...
The terms of the apology are:
was
GLOUCESTER WIN.
Gloucester defeated Cambridge University comfortably by aix wie- kota at Cheltenham, the scores be- Ing":""
Cambridge: 182 and 165.- Gloucester: 213 and 188'for
wickets,
Reuter