1937-09-17 — Page 4

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"SLAVE SHIP

THE CHINA MAIL, SEPTEMBER 17, 1937.

LIBEL ACTION Local Showers

FAILS

Royal Oblewatory reported the anti-cyclone

us stationary to the northeast of Japan, pressure is also moderately

A written judgment, in favour of high over the Lower Yangtze defendants, was given by the Valley.

,4",

Puisne Judge Justice E. A shallow depression remains Lindsell at the Supreme Court this over Indo-China, and another is morning, in the case in which the moving E.N.E. to south of Tokyo. China Chemical Works, Limited, The typhoon appears to be cen- claimed $1,000 against Leung Shiu-tred about 350 miles east of Manila, hoi and the Empire Printing Press, moving WNW

Limited, in respect of an alleged Local forecast: Light E or libellous cartoon which: ppeared variable winds; fair, with local in defendants" paper.

The Hon. Mr. M. K. Lo repre- sented the defendants, while Mr.

showers.

C. E. R. Saunderson appeared for Typhoon Warning plaintiffs.

In giving judgment for defen- The following typhoon warning was received in Hong Kong from dants, Mr. Lindsell said in part:

The cartoon depicts the emaciat-the Manila Observatory at 10:45 ed and apparently dying figure of a this morning— man with a distended stomach ly-

Typhoon in about longitude 127

ing on the ground and a bowl be degrees east and latitude 14 de- side him on which are the Chinese grees north moving north. characters "Kim Yam Fan,

(Le.

the same characters which the plaintiffs have adopted as the name

and also of their condiment) large and prosperous looking man with a large paunch standing by or in the act of moving away with a self-satisfied look on his face".

CLAY FOOD"

:

a

HELD UP BY BAD WEATHER

London, To-day.

Owing to bad weather conditions,

the flight of RAF Squadron No.

"I am entirely satisfied that there exists in North West China a clay known as "kun van fan” which in times of famine the poorer classes 210 to Malta, for participation in are reduced to using as food with the Mediterranean control, has been injurious effects, that the intention Postponed until to-day.

It is also learned that of this cartoon was to pillory the prosperous Chinese merchant who squadron, shortly after arrival at remained indifferent to the suffer- Malta, will proceed to Oran, in ings of the famine stricken popa-Algeria, to be stationed there until lace of North West China and further notice. Trans-Ocean. would not subscribe to their relief;

land that neither the nor

the

the proprietors of the Paper had Mrs. Roosevelt

any knowledge of the existence of the plaintiffs' condiment bearing

the same name*

“I am equally satisfied that none

In Europe

Following

To-day.

of the witnesses called for the

a conference yester- In- plaintiff company had any know-day between the Minister of ledge of the clay and honestly terior, M. Max Dormoy, and the thought it was the condiment and Police Chief, M. Langeron, it was its manufacturers that were being announced that many arrests have attacked.”

been made of members of the Con- servative semi-military organisation "In Hulton v. Jones in the judg-known as the "Cagoulards” or “Cowl ment of Farwell L. J. in the Court of Appeal, there is a passage which, Police carried out numerous house though the points made therein

raids in Paris and the Provinces 2nd

LEGAL POINT

Wearers.”

were not expressly dealt with in thei confiscated stocks of pistols, House of Lords, seems to be ex-matic rifles and seventeen

auto-

boxes

tremely material to, and indeed each containing twenty hand greṇa- conclusive of, the present issue: des-Trans-Ocean.

"It is not enough for a plaintiff to

show that the defendant has made

"It is exactly the case here that

COTE-

la libellous statement and that the other person the plaintiff would plaintiff's friends and acquaintan-fail.” [ces understood it to be written of him, he must also show that the de- the defendant has proved that the fendant printed and published it of statement, ie. the cartoon, him: for if the defendant can prove plained of, which might in eertain that it was written truly of an- circumstances have, rendered him liable to the plaintiffs for libel, was written and published not only with no intention of defaming any- one and in no way likely to defame anyone, but also of someone who was not the plaintiff since it re- ferred to a product, not the plain- tiffs, which is quite well known in Hong Kong and Canton to be an existing natural product of North West China.

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"In such circumstances I most respectfully agree with Farwell L. that the plaintiff cannot suc- ceed"

“I cannot find it established that the cartoon was published with reckless disregard as to whom it might hit.

"For these reasons and without dealing with the other points rais- ed for the defence I give judgment for the defendants with costs.”.