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Woman hares Man
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Charles Winninger
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QUEEN'S & ALHAMBRA
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THE HONGKONG TELEGRAPH,
WEDNESDAY,
MAGISTRACY SENSATION
MR. EDWARDS CRITICISED BY CROWN FOR EXCLUDING GENERAL FUBLIC
A sensation was caused before Mr.. R. Edwards at the Central Magistracy yesterday when the murder charge against an unemployed greaser named Li Mon, alías Li Wan-man, 40, was brought up for hearing.
It will be remembered that Mr. Edwards had ruled that the public, with the exception of the Press, would be excluded from the proceedings of the case, and yesterday, this ruling was attacked by Mr. J. Whyatt, Crown Counsel.
Mr Whyatt, the prosecutor in the case, described Mr. Edwards' netlon as not only being unusual but revolutionary. That the Press should also be excluded from the hearing if the public was, was one of Mr. Whyntt's contentions.
Court's
Held As, Bad Law
Apart from the Magistrate and in part at least, was based upon Mr. Whyatt, present in Court were one decided ease and two anonymous two or three polico offers, the ones.
Chinese interpreter and usher, and members of the Press,
Whyatt, Mr
addressing Mr. Edwards, said that he had been in structed that Mr. Edwards had made
OCTOBER
5,
1938.
"The Judge of the Central Supreme Court, resening certain criticism newspaper concerning his exercise of the judicial office, made an order,: in the absence of the proprietor, a
registered company, forbidding the
reporters of that newspaper and an- other newspaper owned by the same
the to sit at company
reporters desk or to take notes of the pro- ceedings in his Court elsewhere than in the public gallery, and directed that this restriction should remain
force until the printer publisher of both newspapers should apologise to the Court.
in
and
"Held: On appeals by the printer and publisher and by the company, of the news- that representatives paper press have no greater right of access to the Supreme Court, than ordinary members of the general public."
Mr. Whyatt pointed out that there was a powerful pronouncement In English Justice which anid that "judgment be administered. in an Open Court," He further said that "every Court of Justice must be opened to every subject of the King."
Mr. Whyatt then quoted the names; In the course of Mr. Whyatt's sub- cases and missions, Mr. Edwards Interposed on of the two anonymous asked Mr. Edwards to correct him two or three occasions, and at this If he was wrong, and when Mr. stage of the proceedings Mr. Whyatt
a ruling with regard to the admission Edwards corroborated the harnes objected saying that he respectfully to "objected to these unwarranted inter-
ruptions."
of the publie to the hearing of the
mentioned, Mr. Whyatt went on ease, and contended that this pro-sny that the cases have, for the past ceeding was not only unusual. F 00 hir. Edwards had himself described 80 years, been held as bad low.
Is my submission," declared Mr.. it, but also revolutionary,
Whyatt,
"that you are misdirecting yourself by
ruling on it." Mr. Whyatt then referred to a
Mr. Whyatt pointed out that as his contentions would be confined to law
principles alone and wou
would not in
on
After dealing with other points, Mr. Whyatt referred to a law book of Appeal Cases, and turning to a statement by Lord Shaw of Dunferm- line, he stated that it was applicable
A Usurpation
y way concern the facts or evid--pport of Mr. Edwards Press to the present case.
оле
Case
answers.
Misleading Statement
know
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which stated as follows: "In and Press were ence of the murder case, he hoped
public that Mr. Edwards would not object excluded, but in the other the Press Mr. Whyatt read: "What has to the "bolted and barred" doors of were allowed to remain and publish- happened is a usurpation usurpa-
Court being opened. "I the
submit
not have been that there can be no reason why ed a discreet account of two pre- tion which could
liminary examinations,
excluding allowed even as a prerogative of the the doors of this Court should be details which might well have pre- Crown, and most certainly must be bolted and barred while I am mak-udleed the mind of any Juror read- denied to the Judges of the land. To ing these submissions," declared Mr. ing it. I see no reason why, with remit the maintenance of constitu Whyntt.
the co-operation of the Press, the tional right to the region of judicial Mr. Edwards refused the sugges- second
should not be discretion is to shift the foundations procedure tion.
successfully applied here."
of freedom from the rock to the Judicial Legislation
Band" Continuing, Mr. Whyatt said that!
Addressing Mr. Edwards, Mr. he, understood that instruellons had Mr. Whyntt said that the statement whyatt said that the discretion that been given to the Court Sergeant concerning the discreet report that his Worship had purported to exer- that certain members of the public, the Press had made in that case was rise must be a judicial discretion. other than the Press, should
be very misleading. In that instance and this could not be done unless excluded from the Court during the the counsel for the prosecution had his Worship knew the facts of the hearing of the facts of the case and put to the witness "discreet" que case. It was impossible for him to
tions
out discreet which brought the prosecution's opening on during
what there was in the facts | the facts relating to the charge. He
The business of the Fress of the case, and what his Worship understood that the ruling was made was to give an "accurate" and not a had done was nothing more than to NO WONDER THEY ARE PLEASED
the first occasion when the discreet" report. prisoner appeared in Court on re- "In truth and in law," stated Mr.have purported to have exercised a
general power. no more mand and that on Friday laat Mr.Whyatt, the Press have
This concluded Mr. Whyatt's sub- Edwards delivered a lengthy pro- right in this Court or any other
missions, and Mr. Edwards remark- nouncement in the form of a written: Court, than any member of the ed that it was unfortunate that he judgment of the Press
last Friday, in Court to report a case is merely when he could have either adhered said Mr. Whyatt, "to say at the out- the right that any member of the to or changed his ruling. He would
hearing." set that this is no more and no less publie bas to attend a
be glad to have time to consider the an attempt at judicial legisla
that had been many submissions Madvanced. The publke, went on Mr. Whyatt, may have possibly assumed that the caso was of a sensational type or that there were details and facts in that might be indecent. The public must have most certainly requested to suppress certain details, thought that the Magistrate was at they must, or out they go?" least acquainted with some of the
Accused of having murdered hla facts of the case before giving then it is no more than revolution-son by throwing the boy out of a window of No. 117 Des Voeux Rond ruling of that kind. There was no ary." evidence in the case, said Mr. Whyatt,
went on to say that the on September 30, a 28-year-old man Was to report named Lam Shut-hel, described as that was in any way sensational or duty of the Press Indecent, and if anyone thought accurately and if they did anything unemployed, appeared before Mr. R. differently they were entirely mis- else by suppressing details they Edwards at the Central Magistracy taken.
might make the report inaccurate yesterday. Coming to the reasons given by and, if so, their privilege was gone. Del.-Inspector Rozeskwy applied
Exclusion of Prem
for and was granted ū Mr. Edwards for the taking of his
week's Mr. Whyatt then rend out the formal remand. No details of the unusual step, Mr. Whynt said that It appeared from the Press report, following case dealing with the right case were given. The remand was that what Mr. Edwards had ruled, a Judge has in excluding the Press: granted.
reasons for that ruling, 1 desire #/Public. The right of the Press to be had not heard them
It
Speaking of the "co-operation of the Press" mentioned Ly Edwards in his report, Mr. Whyatt asked these two questions:
"Does it means that the Press to report so much and no more?"
"Does it mean that if the Press are)
"If so,"
declared Mr. Whyatt,)
The Court then rose, the hearing of the murder case being adjourned until Thursday, at 2.30 p.m.
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