1918-06-07 — Page 6

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THE CENSORSHIP REGULATIONS.

LOCAL NEWSPAPER PROSECUTED

NAVAL CENSOR ADMITS THE COLONT'S SAFETY IS NOT PREJUDICED.

Col. Mayhow I don't know. I don't think there could be in view of this.

Mr. Looker. Do you know the Shanghai Mercury Yes,

Will you look at this paragraph. It con tains the gut of the matter it may safely be said 3-Yes

Do you carry out any censoring of nows At the Hongkong Magistracy, yesterday papers when they arrive in the Colony ?-No. before Mr. J. R. Wood, Mr. G. W. C. Barnett,

Did you know at the time you aw this printer and publisher of the Hongkong Tele-paragraph in the Telegraph that it had beon "graph was summoned for publishing certain published in other papers-Not at the time.

information. In regard to the arrival and

Am I right in thinking that these proceed- descriptions of two of H.M.'s ships in con-ings were instituted at your instigation ?-- travention of the Censorship regulations. They were instituted by direction of the late

Commodore.

Mr. G. H. Wakeman (Crown Solicitor) prosecuted and Mr. H. W. Lookor appeared for the defence.

I wish you to pay particular attention to the Order-in-Conneil on page 12 under which these regulations are made. You will notico that that Order-In-Council states that whereas by an Order-in-Council, dated the 28th Day of October, 1896, Her Majesty Queen Victoria was pleased to make pro- vision for the security of the Colonies in times of emergency," and you will notice that section 3, sub-section 1 a reads: "The Gov- ernor may make regulations for securing public safety and the defence of the Colony," and then it goes on to name the class of which he can make regulations, and the first class is censorship. In view of the fact that the information published in the Telegraph was previously pablished in both those papers in Shanghai, and in Bhipping and Engineering do you think that the publication in the Tele How long were they here!--Ons about a graph was prejudicial to the security of the fortnight, and the other about ten days.

Where did they lie when they were here? In the dockyard, as far as I know,

The Crown Solicitor said he did not think it necessary to mention the names of the ships His Worship knew what it was all alfont,

A clerk in the Crown Solicitor's office deposed to purchasing a copy of the paper which contained the offending paragraph.

Col. L. Mayhow, R.M.LI, said: The ships wentioned in the third paragraph under the heading "Shipping News" are ships in His Majesty's Service. The paragraph in ques- tion purports to give information regardingbjects in regard the movements and descriptions of tho ships No authority for publication was asked for or given.

Mr. Looker:. These two ships passed through hore on their way to Shanghai ?

Witness: Yes.

Do you know where they were borthed on arrival, and the time of their arrival No.

Under what legislative provisions do you carry on your duty of naval censoring!

The Crown Solicitor: I think that is going too far, because of the present state of affairs The Magistrate: What legislative provisions The Crown Solicitor: I don't know what he means

• Mr. Looker: I want to find out whether ha is acting under a Legislative Council order in regard to his duties.

to

Colony or to public safety or defence I don't think it is within my province to answer that question. There are certain regulations published and they have not been carried out. I have to see that they are carried out. In my opinion, I certainly, do not think in this case it will be prejudicial to the safety of the Colony

The Crown Solicitor: Your worship, I should like you to make a note that Colonel Mayhew says "in my opinion". It is not the opinion of the Government.

morgency." It wasquite clear that part of the original Order-in-Council was to renka pro vision for the security of the Colonies and not of the Realm. The Order-in-Council ho was referring to went on to repeal the third section of the original Order-in-Council and to substituto a new section which would be found in section 3 of the regulations which stated that the Governor might make regula tions for socuring public safety and the. defence of the Colony; and for that purpose, and for that purpose only, th Governor and the officers of any of HM's Forces might make provision with re garil to all purposes com ng under the clau se Before any person could be convicted of any offence it must be clear that his action was prejudicial to the safety and defence of the Colony, and, if it was not, there could be conviction because the Government did not make any regulation to moot such a case.

Mr. Looker, then read the following lettery which he had addressed to the Attornog General when the summons was first issued:

23rd May, 1918. ·

Sin, With reference to the summons issued against Mr. Burnett, of the Hongkong Telegraph, for breach of the censorship regulations, we are instructed that the para- graph, in respect of which he was summoned, Was clipped from Shipping and Engineering a record of shipping and engincoring in the Far East which is published in Shanghai.

We enclose you a copy of the paper in which we have marked the paragraph in question on pago 183. This paper is general shipping cirenlation throughout Shanghai, Hongkong and, as far as we kno in other ports throughout the Far East.

We also enclose a copy of the statement made by Mr. Hicks, a member of the staff of the Hongkong Telegraph, with reference t the paragraph..

It will be apparent that any information veyed by the paragraph was conveyed long useful to the entry capable of being con before it

was published in the Telegraph nod- even before it was published in Shang because the ships passed through here. their presence here and in Shanghai must have been well-known to the water-front The Magistrate: Do you think that it is existed, and the clipping in question appears generally and to local enemy agents, if any projudicial to the safety of the Empire oto 28 to fall into the category of information that it might be prejudicial ?

which cannot possibly "be directly or in- directly useful to the enemy,"

because he

is already aware of it.

The Crown Saliutor: May I interrupt Witness: The General is the Deputy Chief Censor in Hongkong and deputes military your worship. The summons has nothing to and Naval Officers in Hongkong as censors. I do with the safety of the Empire. It is a think I am a cunnor acting as deputy for innstion of publishing certain, slimping in. formation. Its not a question of supplying General

information to the enemy or anyone else.

***Mr. Looker:-And in carrying out these duties do you have any particular regard to legislative enactments or in Order-in- Council, or do you simply use your intelli- gence 7-No, we go according to regulations. Can you refer me to any particular regulations?

The Crown Solicitor. I object to that. The Magistrate: You most not refer to anything departmental.

Mr. Looker. I do not refer to it. I wish to know whether you carry on your censor. Tng duties in accordance with any regula tions, published regulations, or enactments of any description --Witness: Yee.

Don't you know generally what these regulations are I can tell you what they

are.

Can you refer to any particular regula- tions-I really cannot tell you that

The Magistrate: Mr. Looker has perused the regulations and is asking whether they are right,

Mr. Looker Do you" regard to any other regulations than these (copy of Con sorship regulations exhibited) ?—I don't see quite what that has got to do with this case, As far as it goes, I am acting under those regulations

As far as it goes, do you consider the ques tion of this paragraph from the point of view of the safety of the Realm, or the safety of the Colony, or in the interest of the Empire generally consider it as con- travening the censorakip regulations.

Yes, quite so; but I am asking your if the publication of this is prejudicial to the interests of the Colony, or the Empire generally 1-1 don't think it is for me to say Lonly consider it a breach of the regulations. Do you know the paper called Shipping

It is published in Shanghai, is it not?

Yes.

I would like you just to read the article appearing in that paper. I think it is

The Magistrate: The case must be argued in the light of the regulation. (To Col. May hew): You think the publication of this Information is absolutely prejudicial to the safety of the Empire --I do not.

Mr. H. W. Looker, in stating the case for the defence, said his client had pleaded not guilty to the summons because, first of all, they did not think that, aven if they were caught within the wording of the regulations, the regulations were valid in the circumstances of this case, Secondly, if the magistrate thought the regulations were valid they subinitted, even then, that they did not come within the spirit or even the letter of the law. Thirdly,

were

the magistrate did not elare ofther of those views, the offence committed vus of a slight and purely technical a nature that the imposing of a most nominal. fius would satlice to meet it. Bat, os a matter of fact, he hoped to convince the magistrate that his client did not commit the offence. He thought the Telegraph and all the other newspapers in the Colony as anxious as the Authorities were to sea that nothing was published which would in any way affact either tha safety of the Colony or the Empire, or the successful pro secution of the war. The war had been going on sow for a very long time and not until recently were thore any Press Censorship regulations It was greatly to the credit of the newspapers that nons

of them had been brought before the Court for publishing anything which was really material or which might be of assistance to the enemy or opposed to

the interests of the Colony or the FICTEY.

and used it in a very proper and So

eyes

had

new

It will be within your knowledge that a great deal of information, particularly of the category above referred to, has been Alle wed to be published in England beatuse the enemy example

The most of this we have inc at the moment is the question of the tanks, illustrations of which were 1

were prohibited in England until they had already appeared in American papers and tanks had a hat ixen exptured by, the enemy. When in battle

and were known to, and this

paso of their cxistence arose, a general - publication of illustrations of them was permitted. As far as our information goes. the censorship in England is now conducted on these or similar principles, and we would sugges: that such principles should be recognised locally,

It is posible our clients may have com- mitted a technical offence of the regulations, If so they regret it, but it appears to us that inasmuch as the regulations hinge ou the question of whether the information disclosed was directly or indirectly of use to the

it is a matter of doubt whother renemy, in't in the present instance, owing to the factors above referred to, even a technical breach has been committed.

of

Our clients desire to express their regret if they have, in fact, committed any breach the Censorship Regulations, and we would suggest, in view of all the circumstances of this case, that the summons be withdrawn.

Our clients desira ne to state that they fully realise the importance of the Censor ship Regalations and their responsibility for observing the same, which they always endeavour to thoroughly carry ont.

The summons is coming on next Monday. We shall be glad to have a reply before that date. We have the honour to be, sir, your obedient servantą,

(Sd.) DEACON, LOOKER, DEACON

& HARSTON.

The Hon. Attorney-General, In conclusion, Mr. Looter pointed out that Colonel Mayhew had told the Court that he. did not consider the paragraph derogatory to public safety or to the defence of the Colony and therefore he (Mr. Looker) sub- mitted that bis client should not

not have been

Mr. A. Hicks,

Editor of

of the And that when he saw this parti Telegraph, cular paragraph he knew it had been published at Shanghai, and that the ships had passed through Hongkong. Of his own knowledge he knew they had arrived at Shanghai, for he saw one of the vessels

off moored

the Bund. He decided he could publish the paragraph. A final proof containing this paragraph was submitted to Burnett aud initialed by him as the publisher

So far as he was aware they had except in a particular instance, had any general direction as to what they should "publish" and what they should not. The newspapers used their own discretion be thought they were entitled to say manner. From time to time they discussion with the Authorities as to what they should publish, and sometimes they did not always see eye to but they alafely ways gave the Authorities credit for having good reason for what they did, and never sought to hinder them in their duties. These regulations

were introduced and of course, governed the question of what should be published. It seemed to him as if hitherto they had been rather looked at as Defence of the Realm Regulations, which they were not, instead of Defence of the which they were. In the original

exactly the same article as that which is the Colony Regalation Council published in

subject of contention. In fact, the article was clipped from that paper. Yes,

was

the Gazette on August 5th, 1914, there nothing either by word or preamble, or revital to indicate the purpose for which,

Do you know the paper called the Forth these Regulations were made, but he thought China Daily News?-Yea

from

apertal of them that they were Re- gulations made for the protection of the

In reply to the Crown Solicito kaid he thought that editors were given a certain amount of discretionary power and were allowed to exercise: common- sense in various matters relative to the of war bewone Looker urged that from a cosamon-sente point of view dr. Hicks was justified in publishing the paragraph. The Magistrates must certainly arrive at the conclusion that the

the

antheon was a trivial affair ou

the

interest

rest and the safety of the

and

Will you be good enough to look at this Colony and not, of the Realm. If theycation of the paragraph was not a ver Paragraph it contains the gist of the news examined the Ho thought the the breach of the Censorship regulations

Yes. That paper hag you know, probably the largest circulation of any in China-Yes

The Magistrate: Is there a censorship in Shanghai1

wool find the constantly recurring

regulations

In the Colon

dog ate need not have the slightest that the interest of the Colony was always placed first. If the Magistrate would look at the regulation of March 21st, 19. published in the Gazette of May 19th, he would see that the first part thereof the smoniling regulation read "Her Majesty has been pleased to make provision for the security of the Colonies in times of

Mr. Looker: As far as I understand, is note - I do not know whether Col. Mayhew De Hale at the Dazez Prasa Ollah ni - can give us the information. Gocal Boolen Lagos.

to be a conviction, revere ought not

Crown Solicitor agred

agreed that the serious

us teatter, but at the same time be sairk

ties and might result in serious consequences caused a great deal of trouble to the Authors-

Mr. Wood said the queation was if it were allowed to continue,

whether

he should dismiss the summons, or regard it, merely as a technical offence and indict a nominal penalty. In view of Mr. Looker's contention, he would reserve judgementa Bine die