1928-06-20 — Page 1

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THE DRAGON MOTOR CAR CO., LTD. Tel. G. 1246-38 Wong Nei Chung Road. Tel. C. 8500-33 Des Voeux Road Central

China Mail

No. 25,901

SENT TO PRISON.

LOCAL NEWSPAPER MEN.

CENSORSHIP CASE.

Col. Eaves' Full Judgment Given Below.

"BOYCOTT" INFRINGEMENTS THE MORE SERIOUS.

The printers and publisher of the "Hong Kong Morning Post" were this morning found guilty of contravening the Chinese news- paper censorship regulations and also the Emergency Regulations Ordinance of 1922.

1846

HONG KONG, WEDNESDAY, JUNE 20, 1928. PRICE, $3.00 Per Month.

GEN. NOBILE NOT YET LOCATED.

VAIN EFFORTS.

SO NEAR: YET SO FAR: FURTHER ATTEMPTS.

WHERE IS AMUNDSEN?

Unsuccessful Efforts,

Rome, Yesterday.

INDO CHINA CO. MEETING.

HELD THIS MORNING,

REPORT SUBMITTED OF YEAR'S BUSINESS.,

"MARKED IMPROVEMENT.”

The 47th ordinary general

༄

ATTACK ON KING'S MESSENGER.

FULLER DETAILS.

PROFUSE APOLOGIES: A ̈° FATHER'S APPEAL.

· POLICE DECISION:

Rome, Yesterday,

GENUINE SIR WILLIAM CROOKES

(English Mado):

LENSES

Are the ONLY PROTECTION against the frople sun-they absorb the ultra violet. and infra red rays so dangerous to the

Many Imitations the genuine from

LAZARUS .

Hong Kong's Only European Optician.

“GORJISTAN'S” BACK ENGLAND'S LACK OF

WAGES.

BONUSES AND DISBURSEMENTS.

CAPTAIN & CREW SUCCEED

IN CLAIM.

SUSTENANCE. TILL, PAYMENT.

Claims totalling $28,605.18 were pressed successfully

the

BOWLING.

TEST TRIAL DRAWN.

THREE COUNTIES WIN BY AN INNINGS

ܪ܂

WEST INDIES SURPRIȘED.. 'Rome, Yesterday.meeting of the Indo-China Steam

Interest in Home cricket, in The "Citta di Milano" reports. Navigation Co., Ltd., war held at The Italian newspapers now Supreme Court, Admiralty Juris matches concluded yesterday, lay that the two Norwegian airmen the Offices of the General Mana- give details of the attack on the diction, this morning, on behalf of mostly with the Test Trial at. again flew over General Nobile'e gers, Messrs. Jardine, Matheson King'e messenger. They state position, without sighting him.

that the police arrested the six the Captain, Officers and Crew of Lord's. No result was reached Nobile Wirelessed that one of the and Co., Ltd., Fedderstreet, at men concerned, who had no idea the British a.s. "Gordistan" which but the England team established

that the man they had attacked was formerly controlled by Mesers, a moral advantage over the Rest." machines came within two kilo- noon to-day. metres of him...

The Hon. Mr. B. D. F. Beith was one of H.M. the King's mes

The dearth of powerful bowling was in the chair; and the follow-sengers. They profusely apolog-H. M. H. Nemazee. . .

ised, and one of them wrote Mr. Justice P. Jacks (who is at was emphasised. Ernest Tyldes- Further unsuccessful efforts of ing directors were present: Sirito the messenger, Captain present acting as Pulane Judge) ley, of Lancashire, ran up 160 not airmen to locate Nobile are re- Robert Ho Tung, the Hon. Mr. Delafons, explaining that he was sat as Chief Justice owing to the out. Maurice Tate, the Sussex- On two censorship charges defendants were nominally fined $25 ported from the baseship "Citta C. G. S. Mackie, and Mr. A. H. the father of a family and beg- indisposition of Sir Henry Gollan. bowler, made the second highest

di Milano." Directly Captain

ging him not to pursue the mat

Judgment was given for the score, 50 not out. For the Rest, or in default seven days' imprisonment without hard labour.

Riiser Larsen and Lieutenant White.

Iter.

claims in full; and costs, and sub- D.. R. Jardine, the Surrey On each of the boycott charges a fine of $250 was imposed on Holm returned from their flight Others present were Mr. M. H. Captain Delafons accordingly

sistence for claimants until their amateur, claimed 74 not out, the the printers (each individual partner of the firm) and the publisher yesterday and learnt that Nobile Turner, solicitor of the Company, I declined to prosecute. The police authorities state that the culprits

claims were settled, also pas-total being 195 for 7. had seen their seaplanes they re- was fined $600 on each charge; in default one month's imprisonment solved to set out again in one and the following shareholders: will be punished administratively. sages back to ports where they There were some excellent ‘in-

Measra. R. Sutherland, C.B.D., Reuter.

were engaged the latter two dividual performances in the in each case.

machine.

They again, however, failed to N. V. A. Croucher, A. Murdoch, [A telegram from London, items being awarded in the na-County matches. spot Nobile's red tent.

ture of special costs. A. B. Stewart, W. B. Cornaby, dated June 16, stated:-Interest

Surrey, Yorkshire and Derby- Major Maddalena, the Italian

has been aroused in London in re-

Mr. C. G. Alabaster, O.B.E, K.C. shire. secured innings victories. nirman who only arrived at King's A. Piercy, N. L. H. Railton, A. M. ports that the Fascists recently (instructed by Messrs. G. K. Hall The other championship fixtures Bay yesterday night in the sea- da Silva, Ho Leung Ho Tang assaulted in Milan a King's Mes-Brutton & Co.) appeared for the only reached a first innings deci- plane "Savola" from Italy, de-lying, Lo Man-hin, Ho Shal-kit, senger travelling between Rome claimants. The owners of the ship sion. parted early to-day in search of Chan Wing and P. Tod.

and Milan.

were not represented, Nobile with a load of provisions.

According to Reuter's corres- pondent at Berne, the King's.

912 Months' Gentlemen, As the time is Messenger was standing in the There were two claims, one by past for which this meeting is street in Milan when a Fascist Captain J. W. Riddoch (the faster) called, and as there is a quorum came up and demanded to see his and the other by the officers and

tioned the Fascist's right to make

"In addition each printer and the publisher mast go to prison for one month without hard labour on each charge, these additional sentences also to run concurrently.”

If, however, defendants publish an apology in the terms set out in the judgment below a remission of the sentence to imprisonment will be considered. '

Col. F. Eaves, the Magistrate, allowed Mr. M. K. Lo's (for the defendants) application for leave to appeal, and there was an amount of argument on the question of bail,

SUGGESTED APOLOGY.

When Lieut.-Col. F. Eaves, D.S.O., sat in the first Court at the Central Magistracy at 9.30 this morning to give his decision in the case in which the printers and publisher of the Hong Kong "Sun Po" are charged at the in- stance of the Secretariat for Chinese Affairs, for publishing matters on May 9 and 10 which had not been passed by the Cen- sors, Mr. M. K. Lo, for the de- fence, in announcing to his Wor- ship that his client was not in Court, explained that it was "one of the trials and tribulations of the Editor of a Chinese news paper that he is at the beck and call of the S.C.A."

Mr. Lo said that his client was

at that moment at the Secretariat, where he was being questioned in the course of further investiga

tions being made.

His Worship agreed to give judgment in the absence of the defendant.

Lieut. Col. Eaves then asked prosecuting Counsel, Mr. Somer- set Fitzroy, assistant Attorney- General, if he had found out who were the partners of the firm con- cerned.

tive.

Mr. Lo told the Magistrate that

if he wished to impose fines on

the partners he could do so, but

the partners.

Reading his judgment,

lengthy one, Lieut.-Col. Eaves The Judgment.

Bald:

In these 8 cases (taken together

by consent) an Official of the

Secretariat for Chinese Affairs

charges the Printers and Publisher

of the "Hong Kong Morning Post"

respectively (in cases, which I

will refer to hereafter 08 the

"censorship cases") with printing

and publishing on May 9 and 10,

made

He returned to King's Bay equal- ly unsuccessful after six-and-a- half hours' reconnoltring.

Message to Nobile.

The Chairman said:

Andy Ducat made 208 for Sur- rey and Bates 200 for Warwick. Rhodes, the Yorkshire and England all-round veteran, took 10 wickets for 87 runs.

The Minor Counties achieved A message has now been trans-present, I will ask Mr. Sutherland passport. The messenger ques- crew. Mr. Alabaster was granted distinction by defeating the West mitted to Nobile directing him to read the usual notice. next time to guide the seaplane's

After Mr. R. Sutherland, C.B.E the demand, but finally accom- permission to take the cases to Indian tourists by 42 runs after being 181 runs in arrears on the After Mr. R. Sutherland, panied him and three other gether. course hy wireless directly hej

C.B.E., had read the notice con- Fascists to the police station, Captain Riddoch asked for first innings and following-on. sights it.

vening the meeting, the Chair-where the messenger produced $3,879.85 being nine and a half Scores at Lord's. man proceeded:-

his diplomatic passport. He was months' wages till May 31, 1928,

...London, Yesterday. The report and statement of immediately allowed to go, with 83,007.81 disbursements for the accounts having been in your apologies, but the four Fascists ship, and $1,414.29 bonuses, hands for some days, I will as cus-severely assaulted him in the In the second action, the claim

street.

totalled $18,288.23, including pay The British Ambassador, who for all the Chinese seamen.

The

England 423 runs for 6 wkts, happened to be in Milan, imme- latter were present in Court.

declared (Tyldesley, E., 160 not dintely visited the Prefect of

Captain Riddock testified that he jout, Tate 68 not out), Police and demanded an apology had been master since Feb. 1925. The Rest-195 runs for 7 wkts. and the arrest of the culprits. His salary was $514.29 per month. (D. R. Jardine 74 not out). The latter were apprehended but in accordance with an agreement Lancashire v. Notts. it is not known what penishment between the owners and the China At Manchester, Lancashire led was meted out to them, nor whe-Coast Officers Guild, he and his offi- Notts on the first innings. ther an apology was forthcoming.

French Seaplane's Journey. (a) Regulations might be

Oslo, Yesterday. with regard to censorship and the There is still no news of the big control and suppression of publica- French Latham seaplane piloted tions. In June 1926 the Governor by Commandant Guilbaud with in Council apparently deemed it Amundsen aboard, which left necessary to establish a censorship Tromsoe yesterday evening ap- and control over newspapers pub-parently for Spitzbergen to parti- lished in the Chinese language, and cipate in the search. No anxiety made a Regulation (No. 1) that no is felt as it is believed that she person should print, publish or dis- is heading direct for the spot tribute any newspaper containing where the stranded explorers are any matter in the Chinese language believed to be-Reuter,

: What Experts Think. (other than a bona fide trade ad-

Oslo, Yesterday. vertisement) which had not been

There are many rumours with previously submitted to and passed

Chinese regard to the whereabouts of by the Secretary for Affairs and a Regulation (No. 2) Gllbaud and Amundsen.

Experts

FAIR WEATHER.

S. winds, moderate, fair, is the official weather forecast until

noon to-morrow.

The depression over Tangking has filled up. The North China depression is approaching Korea.

At Lord's, the Test trial match (England v. the Rest) was left drawn. Scores:-

It is learned in well-informed cers were entitled to a bonus of Scores:

Notts 302 runs (Whysall 102) quarters in London that no pro- one month's pay for every year test has been made to the Italian served, in lieu of pension and and 10 runs for no wkt. Government. The case is regard. Home leave.

ed as one of common assault, not What Amounts Were For. that no person should print or pub- belleve that they have proceeded

Captain Riddoch also gave evid- lish any newspaper calculated or direct north to North Eastland in tomary, and with your permis- of sufficient importance to be

brought to the notice of the Bri-ence as to the items making up his tending to persuade or induce any search of Nobile but if they land-sion, take them as read.

You will no doubt have perused tish Foreign Office. Therefore it total claims, $1,829.41 being for person or persons, whether indivi-ed on icefloes, they may find it dually or as members of the gen- difficult for them to again "take-the accounts submitted, with in-will be dealt with locally by the the steward's messing account for

terest, showing as they do a very British Embassy at Rome. eral public, (1) to refrain from off."Reuter.

marked improvement on those of

dealing with, trading with, work-

Not Ultra Vires.

ΟΤ

the previous year when the loss

on working steamers amounted to

A

Lancs. 428 runs for 9 wkts., dec. (Makepeace 101).

by

Scores:-

Essex v. Surrey. At Leyton, Essex lost to Surrey an innings and 149 runs. the master and officers; $285.71 due

Essex 220 runs and 187 runs. due to an officer who had gone

Surrey 506 runs for 4 wkts., Home; $228 for the crew's food; dec. (Ducat 208; Shepherd 145 and $78469 petty cash disburse not out). ments.

Yorks v. Leicester. ⠀

:

His Lordship made the re-

6 wkta., dec.

Warwick v. Worcester.

ing for or hiring any person persons in the course of trade, forred me to the Royal Instructions business, occupation or employ dated July 7, 1896, para. XXII in £28,752 178, 7d. as compared with ing the war. Six of our vessels ment.

Volume 3 of the "Laws of Hong a profit during the period under were requisitioned under the con- The names of the officers.con-

ditions mentioned, while the bal-cerned were Mr. A. C. Tait (chief At Leeds, Yorkshire beat Kong." published in 1915. These review of £82,490 18. 1d. instructions. I find

The report in your hands brief-ance of the fleet was laid up at officer), Mr. N. N. Birtley (3rd Leicestershire by an innings and were revoked The learned solicitor for the De by further Royal Instructions dated ly outlines the reason for the Shanghai with the exception of officer), Mr. T. J. Robson (chief en-28 runs. Scores

Leicester 143 runs (Rhodes 6 fendants, Mr. M. K. Lo, submitted February 14, 1917, published in the greatly improved showing in the Upper River steamer "Kia- Mr. Fitzroy replied in the nega- as a first defence to all the charges Hong Kong Government "Gazette"/working account, this being large-wo." also taken over by the Ad/gineer), Mr. A. K. Amos (8rd en-|

gineer) and Mr. Wong Chun. (4th wkts. for 55 runs) and 121 runa ly attributable to the extraordin-miralty on January 25 as that at the date of the alleged of April 20, 1917, which, however ary conditions prevailing on the "Mobile Depot ship," but on full engineer). The claims of these (Rhodes: 4 for 32).

Yorkshire 291 runs (Oldroyd offences these regulations

were contained

A similar instruction Yangtsze; in which trade, as in requisition terms. She is still in ranged from $2,298.28 to $712.50.

|101). (and still'are) ultra vires on two numbered XXVI. This Instruction 1928, the services of our Chin their hands.

"The Carolina" Case, . grounds-Firstly that May 9 and reads "The Governor shall notese competitors were, for a

Sussex v. Hampshire. From April onwards, all our Mr. Talt gave çorroborative evi- he (Mr. Lo) could not be com- 10 were not occasions of emergency assent in our name to.-(and period,

At Horsham, Sussex led Hamp greatly disorganised Yangtsze sailings were conducted dence. He had served on the ship pelled to disclose the identity of or public danger, and secondly, then by para. 9)-Any Bill where through the demands on tonnage under a Naval Convoy system, for three years and four months shire on the first innings.

that the Regulations contravene by persons not of European birth or by military factions, same being this being necessary owing to and had previously been 3rd and Scores the Royal Instructions to the Gov- descent may be subjected or made used as transports and for other risk of interference by various 2nd officer. His pay was $278.57 Hante 199 runs (Rev. F. B. R. ernor. On the first point, he reliable to any disabilities or restric-requirements connected with the Chinese Milltary forces distribut- per month and had hitherto been Browne 6 for 50) and 214 runs for ferred me to the preamble to Ortions to which persons of European civil war centred round the Yang- ed throughout the Yangtaze paid the bonds. dinance No. 6 of 1922, "An Ordin- birth or descent are not also sub-taze Valley from January on Valley, one of the chief dangers Mr. Alabaster then, addressed Sussex 282 runs and 55 runs ance to confer on the Governor injected or made liable"-except in wards.

being the apparent irresponsibic His Lordship on the question of for 1 wkt Council power to make Regulations certain cases of emergency there- The serious developments at firing on shipping by Chinese special costs in the shape of sub- on occasions of emergency or public after aet out. Mr. Lo argued that the Treaty Ports and their resultant forts commanding certain reaches sistence for the claimants until At Birmingham, Warwickshire they were paid, also passages back led Worcestershire on the firet danger and to Section 2. (1) of the censorship Regulation was ultra effect, politically and commercial- and bends of the River. zame Ordinance. "On any occasion vires as it contravened the Royally, have been so fully detailed in As regards other branches of to ports where they were engaginnings. Scores which the Governor in Council may Instruction by subiecting Chinese the public Press, both locally and the Yangtaze service, our agency ed.

Worcester 312 runs (Fox 116 consider to be an occasion of emer- to restrictions to which Europeans at Home, that I think you will at Changsha, Ichang and Chung-quisite order, the amounts to be

Mr.runs) and 112 runs for 3 wkts. gency or public danger, he may are not sublected. It is obvious agree that further reference is king had to be abandoned early in gone into by the Registrar.

Warwick 402 runs for 8 wkts, make any regu.arions whatsoever that this beneficent instruction is unnecessary to international the year, all trade being at a Alabaster quoted the authority of which he may consider desirable in to secure to all persons of what negotiations which are now al-standstill, and the conditions pre- the "Carolina" care in which it was dec. (Bates, 200). "Hong Kong Morning Pont which the public interest," and argued to ever nationality equal rights in the most historical, but which at the valling making evacuation of decided that wages terminate on

Derby v. Northants, contained matter in the Chinese the effect that Regulations made on Colony, and it is incontrovertible time were followed, by all who foreigners imperative. It was not the date of the writ but subsistence At Derby, Derbyshire beat language (other than a bona fide an occasion of Actual emergency that if any European Printer or had foreign prestige in China at until September that, with Naval (In the form of special costs) con- Northamptonshire by an innings trade advertisement) which had not been previously submitted to public danger ceased to have any Publisher prints or publishes mat- heart, with feelings of grave an assistance, we were enabled to retinued till payment. This was and 50 runs. Scores: and passed by the Secretary for force in law when such emergency ter in the Chinese language he Inxiety. In addressing you last sume our Changsha service, while done in the "Ling Nam" case, said Derby 873 runs (Jackson 106). Northants 136 runs and (fol- or danger ceased. For two reasons common with any other "person" year my predecessor referred during the following month, act- Mr. Alabaster. Chinese Affairs, and (in there I cannot accept this view. Con la subject to and bound by the briefly to wat was transpiring on ing on the recommendation of a When Scale Was Fixed

lowing-on) 187 runs.. maining 4 ceans, which I will refer sidering the possible danger to the Censorship Regulation. That no the Yangtze, but in view of the British Trade Commission which His Lordship had asked for the

Important bearing it has had on had investigated conditions exist authority of the bonus mentioned Gloucester v. Cambridge.

At Cheltenham, Gloucester- cases") with printing and publish public of one single publication of Europeans do publish Chinese The year's results it is perhaps deing at Treaty Ports on the Middle by counsel and witnesses. Accord- Ing on the same dates, the same (say) seditious matter, for the pur- Newspapers in the Colony is quite sirable that I should further com- and Upper River, we despatched ingly. Captain TT. Laurenson, ahire defeated Cambridge Univer newspaper, which was calculated pose of preventing publication an beside the point.

ment on what subsequently de- the "Kingwo" from Shanghai to D.3.C.. branch secretary of the sity by six wickets. Scores or intended to persuade or induce be said to exist continuously, from occasion of "public danger" may

Personat View,"

veloped in that field of operation. Chungking, and from such time China Coast Officers' Guild, was Cambridge 182 runs and 165 persons to refrain from dealing

It is not within my province to On the outbreak of trouble in she continued on her usual run, called. He testided thation March runs. day to day, and prevention is ob-comment on the expediency of re- the vicinity of Hankow during between Tchang and Chungking 1921, an agreement was arrived at Gloucester 213 runs and 186 viously better than cure, taining or enforcing regulations January 1927, the steamers of with varying results. It is quite with the owners whereby the rates runs for 4 wkts. tion or employment, contrary to Further it is specially provided made, for example, during a strike, our Yangtze fleet played an im impossible: In the confines of of pay of the Indo-China S.N Co., Minor Counties v. West Indles. the regulations made under the by subsection 2 (8) of Ordinance after the public danger contemplat portant part in the evacuation of speech of this nature to convey Ltd and the China Navigation At Exeter, the Minor Countles into general usage. beat the West Indies by 42 rung. Emergency Regulations Ordinance No. 5 of 1922 that any Regulations ed by the authority who made them foreign refugees from Riverine adequately the almost Incredible Co., Ltd.,

abonus of Scores somag made under the provisions of Sec. has, in fact, passed. Presumably ports to Shanghai, and in order conditions of shipping trade but

and in ́s one:

every twelve serv West Indies 289 rung and 108 Censorship:

2 of that Ordinance shall continue there are good and sufficient read to better co-ordinate the Naval which have prevailed

activities with commercial ship great measure are still prevailing

pension and leave runs (Hazelton, of Buckingham By Bec. 2 (1) of Ordinance No. 5 in force until repealed by order of sons why the authorities

interests, a number of Bri on the Upper and Middle Yang priv

6 wkts for 45, runs. Hah River steamers, as mer eď taze more especiall

mder. The fistan" was arrested by

Minor Counties 106 runs 1 She last year were taken over, for

The po

the Court on

short

wham (Griffth 5 for 18) and (following- iod by the Admiralty at ly summed up by

Hongk of hire, these being recent artic in the

$10,000 on) 826 (Lockett, of Stafford operated much in the same way which he says ----

Dock on shire(164) as shipping control tunnare dur”. (Continued on Page 8.) ~

1926, a newspaper called the

hereafter as the "Boycott

with or trading with persons in the

course of trade, business, occupa-

1922,

of 1922, the Governor in Counell

the Governor in Council-which still continue to exercise

was empowered on any occasion appears to me to be a conclusive ship and control over mat which he considered to be an answer to Mr. Lo's first ground of ed and published In casion of emergency or public dan, submission,

ger to make Régulations in the Royal Instruction

Public Interest, and by Sac z (2)

On the second point, Mr. Lo re-

cular. If the matter.

of the Boycott cases is a 1

(Continued on: Page 7);

order

Is due for repairs having