1928-06-20 — Page 7

WEDNESDAY, JUNE 20, 1928.

SENT TO PRISON.

(Continued from Pags 1.)

THE CHINA MAIL,

Hisher's hands. On the other hand sequently I amend the two sun- the Censor's initials show clearly monses relating to May 19 to read that he saw the proofs, and in vlow May 9 and 10, and dismiss the two of his recent instructions to reject summonses against the Printers Boycott matter, the presumption is and Publisher respectively for the ple of what the defendants would that he would be on the qui vive censorship charge on May 10. print and publish were the censor- for such important matter,

On the remaining 6 charges 1 ship withdrawn, I must confess It is also hardly conceivable convict the respective defendants, that personally I see the most ur-after the specific instructions re-

Not Trivial.

TO SURRENDER ?

THE MANCHURIA PARTY'S POSITION.

PARLEY AT TIENTSIN.

Shanghai, Yesterday. According to the Kuo Min newa

gent reasons for maintaining it. I caived by the Censors, that the I ignore the suggestion in the agency. the Hankow express am therefore unable to agree with Chief Translator when interview-consorship canes of fraud on the train, the first on the Peking Mr. Lo's submissions and, holding the Editors should omit to men- part of the Defendants, and regard Hankow Railway since the suS- that, in law, the regulations are tion this important subject, and in the facts disclosed as a mere in pension of the service due to neither ultra vires in their incep any event, whether the subject of discretion on the part of one who, hostilities (nearly

two years tion, nor continued existence. With Boycott was, or was not mention- while exproseing respect for the ago), left Hankow for Peking on the four censorshiped, the Regulation against publish- Censorship, in practice habitually June 18. The first train from regard to cases, according to the evidence ing Boycott matter had been in treated it with sublime indiffer- Peking will arrive at Hankow on the Defendants submitted three force since June, 1926, which ap-ence, and although I cannot ac- June 28.--Reuter. proofs to the Secretary for Chinese pears to be a sufficient warning. Affairs for censorship, two on May

8, and one on May 9 and the thod of censoring at that date,

municated to Defendants.

qulence in Mr. Lo's invitation to treat the matter as trivial' and 'dis-

Sentences,

Chiang Kai-shek.

Shanghai, Yesterday. According to the Kuo Min news

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Not Sabmitted. After duo consideration of the miss it, I am prepared to look on evidence I accordingly attach more the two censorship cases with a agency, Mr. Li Hsin-shan, repre- Spiritualist, Psychist and Occultist weight to the recollections of the benignant aye, and accordingly fine senting the Manchurian Generals either personally or by correspon- new method started in April-was Censors in respect of the submit- both the Printers (each individual Chang Hsueh-liang, Yang Yudence. for the Censor to delete any ob-ted proofs, and find, that the mat-partner in the defendant firm) and ting and Han Lin-chun, arrived in Jectionable matter by striking Itter as published in the issues of the Publisher the nominal sum of Tientsin this morning from Muk Consultation Fee $20. through with a red, or blue pencil May 9 and 10 was not submitted $25 in default 7 days' imprisonment den "to start negotiations with or an ink cross or line, which in to and passed by the Censor. without hard labour.

N.B.-We demonstrate Item No. the Nationalist authorities for dlented that the matter was not

Further, in my view, any subse-

the surrender of the Manchurian and that free of any charge.

1 and No. 2 Only to aur patients passed for publication, or, to place quent alteration in or substitution The Boycott cases are in an en-forces and the Three Eastern his initials in the corner of any of matter duly censored and pass-tirely different category. I recent Provincos."-Reuter. objectionable paragraph, which in-od creates, at any rate, a technically sentenced to imprisonment for

Trains Run Again. dicated that that particular para offence against Regulation 1.. offences advocating Boycott, cer-

Shanghai, Yesterday. graph was passed for publication.

Material Words.

taia ignorant Chinese workers. Reports from Nanking statel Blank spaces were sometimes, With regard to the four Boycott The printing and publishing by the that Marshal Chiang Kai-shek but not always, struck through. cases, Mr. Lo, as a second defence. [defendants of the matter proved in has announced his willingness to Prior to April, the method was contended that the matter printed these cases is equally grave, and go to Peking as the representa- sometimes to pass a whole proof and published does not contravene though I distinguish between the tive of the Nationalist Party to Open, for any special engagement | sheet containing several articles, Regulation 2, as it does nothing two classes of cases in the pre-pay homage to the casket of Dr. (particularly written matter from more than any trade publication sent cases the defendants did not Sun Yat-sen. Chiang suggests Canton) by one initialling only, urging people to buy British goods in person exhort the public-I see the removal of the casket to Nan- The new method of initialling.every. in preference to, (say) Americanino reason to meto out different king before the convocation of passed paragraph was not com- products, and that if what his punishment to educated and res- the third national congress of the

The clients had advocated Was an ponsible persons. I fine the Print- Party.-Reuter.

Postal Administration. spaces in the censored proofs con-offence, every such trade publica-ers (each individual partner of the Defendant Company) the sum of

Shanghai, Yesterday. taining the paragraphs the sub-tion was also an offence.

The material words in the pub-$250 on each charge, in default 1: The "North China Daily News" ject of the charges, were neither lications are (in the issue of May month's imprisonment without hard, says that apparently the Nation- struck through nor initialled.

9) "Warning to our Chinese... labour, and the Publisher $500 on alist authorities have decided Consor's Evidence.

all of us who wish to maintain each charge, in default one month's that it is not feasible at present to The first witness for the prosecu- "our nationality must refrain from Imprisonment without hard labour. instal the Directorate-General of tion, Mr. Lau. Sheuk-chong, a Cen- "using Japanese goods. If your the imprisonment to run concur-Posts in Nanking, therefore the Bor, give evidence to the effect "enthusiasm is going to last for rently.

headquarters are being removed that he did not see the paragraphs "only. five minutes, you might as In addition, ench Printer and the from Peking to Shanghai for the in question in the proofs submitted "well prepare to become slaves in Publisher must go to prison for one time being-Reuter. for censorship on May 8 and 9, lost country," and (in the issue month without hard labour on each that if he had seen them he would of May 10) "All our countrymen charge, these additional sentences:

London, Yesterday. have rejected them in accordance "arise in a body and be active. also to run concurrently.

The "Times," in an editorial, with his instructions to reject all "... The Japanese have challeng-

Apology.

expresses the opinion that there matter advocating a boycott, and "ed us and cruelly murdered our

When a person

wrongs others are strong economic and senti- that the paragraph commencing "Chinose Officials and people. "Our masses must not use Japanese "ananimous in severing economic the least he can do to right the which is also less exposed to for "Exit Smiling."

Be through the medium of the Press, mental reasons for, the transfer- "Good Morning Judge."

ence of the capital to Nanking,

June 26-27- World Theatre; goods" in the censored proof sub- "relations with Japan." The para- wrong is publicly to apologise eight attack than Peking, but con-

June 26-27-Star Theatre; "A mitted on May 8 is not Identical in graph in the issue of the May 9through the same medium. T words (though it is identical in is a direct exhortation to the Cain- therefore add, that if at the expira- Manchuria and Mongolla militates

siders that the situation in Woman's Woman." subatance) with that in the pub ese members of the general public tien of seven days, the defendants against the change, South Man- "Twelve Miles Out." lishort issue of the 9th. He further to refrain from dealing with the have printed and published in the churia being the object of official expressed the opinion that the ink Japanese in the

Course of trade. "Hong Kong Morning Post" for two Japanese interest and of the proof paragraph is of lighter and the paragraph in the issue of consecutive daily issues, an expres-Mongolia having become to all colour than that of the surround-May 10 is clearly intended to persion of regret and apology to the intents a Soviet protectorate and ing print; the inference being that unde the same members to carry Japanese Community in Hong Kong one of the channels of Commun- that particular paragraph was in- on an etive Boycott. A bona fide, in the following terms, I shall be ist penetration. sorted in a blank space after centrade publication, in respect of any prepared to recommend to the Forship,

London Views.

Sunrise."

To-day Queen's Theatre;

To-day-Star Theatro; "Buck Privates."

To-day-World Theatro; "Ankles Preferred."

June 24-25-Star Theatre; "On Ze Boulevard."

June 24-25 World "Millionaires.".

Theatre;

June 24-26--Queen's Theatre;

Canadian..

June 27-30-Queen's Theatre;

June 28-30 World Theatre; Outer "The Beloved Rogue."

June 28-30-Star Theatre; "The

· Lammerts" Auctions, June 26-At 7, Knutsford-ter- particular goods, urging the pre-proper authority, remission of the the transfer may not lead to

The "Times" wonders whether race, Kimberley-rd., Kowloon house- pro-ig a practice internationally re-tences of imprisonment. The terms over the vulnerable marches of Kimberley-rd., Kowloon, household

ahold furniture, 11 am. ferential buying of British goods remainder of the Defendants' aen- dangerous loss of central control an-cognised as a mere puffing of one's of the apology are:-"We · · one own wares, whereas a boycott is trading as The Cheung Fat Com-

North China-Reuter. proof sheet submitted on May S deliberately intended in its result pany Printers and Leung Chan stated that he remembered clearly to deprive the persons aimed at of Publisher all of Hong Kong the that the two paragraphs relating their means of livelihood, by the Printers and Publisher respective- to the Boycott were not on the sub-wholcaale destruction of their legi-ly of The Hong Kong Morning MAGNIFICENT DRAMA AT THE 3 p.m. mitted proof when he initialled it.timate trade.

Post having on May 9 and 10 last) unlawfully printed and published

The fifth witness for the secution Mr. Lim Pak-chung other censor who censored

He also stated that he did not see in

Malice.

the proof submitted to and censor- It is the malice hehind this in the Chinese language in the said which brings it within the spirit newspaper certain matter advocat-

ed by him on May 9 the four

slogans commencing "All our coun-

SUNRISE.

QUEEN'S.

A MASTERPIECE. ·

June 27-At 2, Torres-bldg..

furniturò 11, am,

Land Sale.

June 25-At P.W.D. Office, one lot of Crown land at Ma Tau Kok,

Meetings.

June 28-Annual general meet- Ing of the Hong Kong Horticultural Society, in Messrs. Jardine, Mathe-

Miscellaneoua. -

and meaning of the Regulation. 1ing a boycott of Japanese goods The enchanting heroine of "th| son & Co., Ltd's board room, 5.30 trymen arise in a body and be ac- am therefore unable to agree with calculated in its result to injure Heaven" is again seen to advan- p. tive.". The fourth witness for the Mr. Lo's second contention, and the Japanese Community in Hong tage in the new and magnificent June 28 Confirmatory meeting prosecution Mr. Lo Kam-chak the hold that both paragraphs clearly Kong and having been sentenced film, "Sunrise" which is being of Wm. Powell, Ltd, 12.15 p.m. Chief Translator in the Secretariat contravene Regulation 2.

therefore to fines and imprisonment screened at the Queen's Theatre as for Chinese Affairs stated that the

Mr. Lo also pointed out that hereby express our regret and the feature attraction until Satur

June 22-Dragon Boat festival. Defendant Publisher was instruct other matter advocating Boycott apologies to the Japanese Commun-day. ed by him prior to May 8 not to had been passed by the Censority in Hong Kong and further coun

The story in itself is simple and publish any leader or similar arti- This may be ao, but such passing sel and advise the Chinese inhabit-the acting superb. cle promoting a Boycott againat cannot stamp unlawful matter with ants of Hong Kong loyally to live "Sunrise" was produced for the Japan.

the brand of legality, nor relieve in peace and amity and to continue Fox Films Co., regardless of cost,"" The Publisher.

the Defendants of the legal con- to trade as heretofore with all per- and is a mastery of mechanical) The evidence of the Defendant sequences of its publication. A sons irrespective of their national-skill and exquisite photography. Publisher (who is also Editor of Censor has no power to abrogate Ity."

It is a pleture that is not easily "The Hong Kong Morning Post) the Law. All that the passing by

Mr. Lo, at the conclusion of the forgotten.

the Censor amounts

PASSENGER LIST.

ARRIVALS.

Passengers arrived by the 5.8. "President Jackson" on Tuesday, is to the effect that both the para-effect) to say "I see no objection his Worship's remarks that the beautiful picture would be well ad-

to la (in judgment, said that arising out of Every person that appreciates a were: graphs and the slogans in questo the matter submitted, but if you defence had not called further wit-vised to attend the performances Mr. & Mrs. A. H. B. Fitzhardinge, Mr. A. M. Birchall, Miss H. Ezra, tion were in the submitted proofs, publish it you do so at your own nesses to corroborate the evidence being screened until Saturday. and that he was instructed by an risk." Ofeial in the Secretariat for Chin-

one of

ed a Boycott unimportant..

Boycott Matter.

Convicted.

attacked

of the defendant, he reminded the

Mr. Wm. P. Hùnt, Mr. J. M. Hykes, Mias E. P. Hughes, Mr. C. P. Hughes, Ensign J. C. S. McKillup, Ensign T. B. McMintery, Mr. Eric

Möller, Mr. H. Miller, Mrs. A. G. Mossop. Mr. R. C. Paterson, Mr. C.. E. Patten, Mr. C. Stigtar, Mr. Hendrick Tulp, Mr. C. W. Wong, Mr. Loo E. Blinzier, Mr. Mr. Lo then raised the point ae Brown, Mrs. Martina Brillante, Mr.

How Many Partners.

of the firm as weli.

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If the defendants had had the ese Affairs not to publish anything slightest idea of civic responsibil- Magistrate that he had given the in "strong or violent language" ity, they must have realised that in reason for this at the end of his must be double, or at least equal against the Japanese, but he denies the then state of Chinese feeling, client's evidence.

to the amount of the fines imposed, being instructed not to publlah the publication of such matter

He admitted that his statement and in this Mr. Fitzroy supported Boycott matter. He admitted how might excite further feeling be- was made to the Magistrate in the the Magistrate. ever that he ordered the paragraph tween the Chinese and Japanese in absence of the Press, but stated published in the issue of May 9 to this Colony, and, as a matter of that, from what his Worship ex- be substituted for the paragraph in fact, subsequently to such publica-pressed to him at the time, he had to how much the Magistrate want John K. Butler, Mrs. Elizabeth the proofs submitted on tion viz, on May 17, anti-Japanese the impression that the Magised him to pay as bail, in view of Collier, Mrs. Hazel Cooper, Mstr. May 8 and that it. was a common demonstrations by certain irrea- trate was in agreement with him on the fines imposed on the partners Francis J. Cooper, Miss E. Mary practice to submit matter for cen-ponsible Chinese occurred in the the matter. Boring after actual publication. Calony, and continued for about a Lleut, Col. Eaves denied that he

Cooper, Miss Margaret K. Dunphy, He further stated that he only week.

His Worship 'said that as Mr. Lo Rev. F. Gordon Hart, Mrs. F. Gor had intended to convey that im-rapresented the Company he should don Hart, Corn. & Mrs. H. E. submitted for censorship what he considered matters are of great

pression to Mr. Lo.

know how many partners there Jenkina, Mrs. H. E. Jenkins, Mr. I do not suggest that there were

Mr. Lo then proceeded to refer were. importance, and that he consider-

B. H. Lydon, Mr. 7. C. Littig, Misa grave disorders, but agitators ad- to the penalties imposed by the Mr. Lo replied that he did not. Alice Morton. Mr. Leo H. Martin, dressed crowds in the streets and Magistrate who passed sentensa, of He represented the Company on the Mr. W. Meginnia, Ens. C. G. Mc The words of the regulation (No. distributed Inflammatory literaturs, imprlaenment without an option in Instruction of the manager who Daniel, Miss Mary Stoller, Maater 1) read "No person shall print or and there were instances where ex- respect of one of the charges.

had come forward and assumed all | R. E. Reardon, Mra. Clarine Nichol- publish

any matter (other cited crowds actually

Leave to Appeal.

responsibilities.

Bon, Mr. Peter J. Walawit. than a bona fide trade adverting- Japanese shop and smashed win- Mr. Lo asked his Worship for After further argument, Mr. Lo ment)...." If Publishers clecidows, and although the Defendants, stay of execution, as he could as-sald that he would not disclose what matter they will or will not are not charged with an act cal-sure his Worship that there would who the partners of the Company submit for censorship (arrogating culated to cause a breach of the be a "bona fide and speedy appeal" were, and asked how the Magis to themselves the special functions peace, the probability that the pub from the Magistrate's findings.trate was going to satisfy his judg of the Secretary

Mentions the known circum-

Leave to appeal was granted.ment, as he (Mr. Lo) was entitled Affairs) the whale object of the stances, might lead to demonstra- There was some argument on the to be toit how much in fines he had WANTED. British Confidential regulation la defeated. Apart lons, compels me to take a more question of ball which bis Worship to pay. He argued that it was not Work and Typing. Apply. Naval

Clerk. Knowledge of General Ofee PILSENER BEER serious view of the Boycott cases said he would fix at twice the for him to assist the prosecution Intelligence Officer, Victoria Bar- from the one exception, they can than I otherwise would have done. not print or publish a single non-in his evidence the sensor agreed

amounts of the fines imposed."; by disclosing the partners. consored word without committing that matter once submitted and had certainly inflicted much hea meant was that only one person,

Remarking that the Magistrate Ho submitted that what was racks (Headquarters Offices, South an offence against the Regulation passed need not be re-submitted for vier penalties than was anticipated, the one assuming responsibility,

Although these proofs appear to have passed through the hands of the purpose of subsequent publica- Mr. Lo said that the possibilities could be fined, and each and every certain Printers and the Defendant

I incline to the view, with regard Were that his client would not be one of the partnere were liable to Publisher's Assistant Editor, not one of these have been called to to the censorship cases only, that able to pay the fines and would that one penalty, and not to corroborate the Defendant Publish although the publications were two have to go to jail as an alternative, separate fines as imposed by his er's statement, that the paragraphs Reparate and distinct issues, the so that it would be doubly dificult Worship, sugar, TO LEE-FOUur-rommed Fist in were in the proofs when submit offences Aleged on May 9 and 10 to ralie a much larger amount 28 In the and bis Worship decided to Tregunter Mazalons, May ́ ́ Road, constitute one continuing offence, ball pending appeal, grant bail in the sum of $1,000 for available 1st July. Apply Box No. ted, moreover there is nothing on and should have been the subject His Worship said that it was laid the publisher, and $250 for the 555 c/o "China Mall or telephone the proofs to show that they ever passed through the Defendant Pub of one charge and not two. Con- down that ball pending appeat person represented by Ar Lo | C. 4870 or C. 2141.-

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