1928-06-12 — Page 4

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THE HONG KONG DAILY PRESS, TUESDAY, JUNE 12th, 1928.

:

"

CENSORING THE CHINESE PRESS:

"FORGERY OR PERJURY?”

CENSOR'S CONTRADICTORY STATEMENT,

A MADDENING WITNESS."

Further interesting revelations were made, yesterday when the case was continued against the Shun Pc (Hong Kong Morning Post) for publishing two anti-Japanese articles on May 9th and 10th - respectively without first submitting them on the Secretariat for Chinese Affairs censoring.

At the previous hearing a Chinese cònsor, deänitely stated that there was no "half way house "'in their method of censoring. All " articles approved and passed for publication were initialled and all those rejected would be properly crossed through with red or blue pencil. This statement led Mr.. H. Somerset Fitzroy, who is conducting the case for the prosecution, to say that the whole case boiled down to an alternative of either." forgery or perjury,'

At yesterday's hearing, Mr. M. K. Lo, for the defence, asked permission to recall the censor and after a gruelling cross-exami. nation, the witness had to admit that sometimes, under pressure- of work, by might have forgotten either to initial or cross out ah article. It was elicited that prior to April of this year, the method of censoring was to initial at the foot of the proof as an indication that the various paragraphs contained therein had been passed for publication. Latterly the system was changed and every para- graph was initialled. It also appeared that there was still a cer- tain amount of inconsistency, and sometimes the censors would revert to the old system.

DID NOT WANT THEIR NAMES TO APPEAR.

Another interesting point brought out by Mr. M. K. Lo, was that since this case was started, the vernacular newspapers have been taking their reports of the case from their English contem- poraries, and such reports were submitted to the S.C.A. for permission to translate then into Chinese for publication, Per- mission was granted by the S.C.A. but when the translations were aubmitted to the Chinese censors," they would still make altern- tions and additions and in particular they would cross out their

own names.

The case proceeded very slowly. The witness, Lau Sheuk Chong, one of the censors, was severely questioned by the Court as well as by the solicitor for the defency. The Magistrate described hing, as the most maddening witness" he had ever seen, and that it was very difficult to get a direct answer from him.

Mr. Lo said that as censors they did not realise their respon- sibility and would come into Court to talk rubbish. He warned the next witness that he would have a number of questions to ask at the next hearing and that witness should remember the fact that he is a Government servant and should come into Court to tell the truth.

Forgery Or Perjury,

At the commencement of the case

before Licut. Col. F. Eaves, D.S.D.. at the Central Magistracy yesterday afternoon, Mr. M. K. Lo, who is appearing for the publisher, editor and printers of the Shun P, said that certain matters which came out at the last hearing had made it necessary for him to ask the wit- news, Lau Shuck Chong, our of the censors, certain further questions.

It concerned the vital point as to whether a forgery by the defend Anta or perjury by the censors had been committed. It was stated by the witness at the last hearing that there was no half way house," in

the Government

State Of Emergency, Mr. Fitzroy then said that us a" result of his Worship asking at the laat hearing as to whether a state of emergency was proclaimed, he had referred to Gaarife of June 22nd, 1995, when a proclamation was issued by H.E. Sir Reginald E. Stubbs, under see- tion 12 of the Volunteer's Ordin- ance. It was then repealed on. August 15th, 1625. The censorship of the Chinese Press was put in force in between that period.

that the point is very important. The Magistrate: I do not think

it is quite obvious that a pro- clamation was not necessary.

take a formal zote of that, as he Mr. Lo asked the Magistrate to would submit that point very the method of censoring. The strongly when be addressed the Court. He said that it had been censors, according to the witness, held at Home that the judges de had invariably put a cross against not view the offence in a very articles which have been rejected serious light if there was no state and all those that were allowed was very strict on the point, how- of emergency, or danger. The law for publication would bear their ever, if danger still existed. In initials. It was also alleged the present case, the legal state of against his clients that the offending the time of danger had passed, so emergency had been rescinded and articles was inserted in a blank that the defendants, even if found space after the proof had been pass guilty, should be dealt with lightly

The Magistrate: He is very persistent on that point.

"If You Wish To Be Discredited." The Chinese Censor, Lau Shuck Chong, was then recalled, and to . Mr. Lo: My I take it also that questions put to him by Mr. Lo, the photograph was there and that-| he held to his statement of the pre- you pasand it but forgot to initial viohs day to the effect that he hadis-That is what I seldom do. I always initialled every item of thight do is now and then under news passed by him, and those that Pressure of work. he rejected, he had always crossed

out.

Mr. Lo: Then according to your recollection, you have never passed an article without initialling it 7 -The old practice is to initial at the end of the proof which meant for everything printed on it,

Mr. La: Am I fair to put it this way That now you have remem-' bered that in the old days, we could. submit a proat containing several neticles, and you would only put

one initial on it --Yes.

The Magistrate: He is directly contradicting himself. What want to know is what was the prae- tice on May 5th t-To initial every

itern.

The Magistrate: When was the new practice started In April

this year.

|

Witness then added that when he i did not initial an article, it did not mean that he had passed it for publication but merely that he had overlooked it.

Translation From English Papers. chinese papers to get permission Mr. Lo sit the practice for the

from the S.C.A. to translate any, thing from the English papers -- Yes.

Mr Lo: Having got that pers made a translation of this report - mission, the Chinese papers then

Yes.

Mr. Lo: Is it the practice of the ensors to make alterations and additions to the translated article,

r is it their dirty to pass them There is no need for the Chinese Press to submit translation of

ticles from European papers. Mr. Lo: You say that prior to

The Magistrate asked Mr. Lo April, and not subsequent to April what bearing this had on the case, you put your august initial on one Mr. Lo replied that he wanted to side of the proof only -With re-show the curious mentality of the gard to reports from Canton, we censes. They were also very unfair, still put one initial on the whole Mr. Lo said and went on to tell proof.

the Court that since tids ease was started the Chinese papers had been translating the reports of the case from local English contemporaries. He alleged that the censors, Ri- though the S.C.A. permission to do this had been obtained, went so

to make alterations, and

Mr. Lo then pointed out to the Court that the only reason the wit uess said this was because he saw a bunch of proofs of Cauton mat- ter in Mr. Lo's hands. He ap- parently knew. Mr. Lo suggested, that he would be examined on | far as that point, and had anticipated additions. The particular point they objected to. Mr. Lo, said their The Magistrate: Was the pracown nures appearing in the report, tice of initialling all items convey ed to the newspapers 7-No.

him.

#!

The Magistrate: Then how on earth would they know whether the article was passed or not?-The newspaper knew all the time that every article initialled is passed.

M. Lo: I now hand you a batch of proofs containing eight sheets, whose signature is on it? Mr.

Lani's.

Mr. Lo: You will find at the end, of each sheet one initial Yes.

Mr. Lo: Each sheet contains more than one item?--Yes.

Mr. Lo: What date does this sheets bear -May 25th.

The Magistrate: They don't seem to have carried on very long with their new practice, do they?

Mr. Lo then produced another batch of Canton proofs in which each item was initialled.

Mr. Lo: I put it to you that you know perfectly well that there was no consistent practice at all. Sometimes you initial all and sometimes, you do not-This very seldom occurred.

Mr. Lo But does it occur It is owing to the pressure of work Yes, owing to pressure of work. that I am not in a position to say whether there were cases in which I omitted to initial items 1 baye His Worship, then said that he at least grasped the fact that there were two practices, the old and the new, and that the censors did not stick to any particular one.

passed.

Mr. Lo: Now you see this page here, dated May 10th.

Matter He Gould Not Disclose. The witness was then re-examined by Mr. Fitzroy. He said that the new system of initialling every item was commenced in April This was brought about as a result of certain matter being published by a certain newspaper. What, it was he was rot in a position to disclose.

With regard to Canton matters, it was entirely different. One signature at the foot of each sheet. of proof was enfeient, they were in the handwriting of the news. papers correspondents and would, therefore, be difficult, or almost im possible, for anyone to add anything in the blank space. He had very often received proofs from news- papers with blank spaces on them.

The Magistrate (referring to an item in a proof). Is that passed or rejected?

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The Viennese film star Lya Mara, will be seen in The Blue Danabe," at the Queen's Theatre to-day and to-morrow. The lighter side of life Mr. Lo objected and said that the in Vienna is told in the romantic witness' answer was bound to be adventure of an elder brother who

not passed as his signature was

sets out to break off an "affair" not on it. He said it would be between a young lieutenant and a unfair to allow the witness to give cabaret girl. Lya Mara plays the ship should judge by the evidence, an answer on that point. His Wor- Mr. Lo added.

The Magistrate: I must know. He cannot change from one system fact to the newspapers. This is into another without conveying the most maddening witness. He will not answer the questions.

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Crooks Of The Air.

At the World Theatre is "The Air Mail," a modern melodrama in which a band of crooks devote their efforts to robbing planes carrying

A Mysterious Heading? Another censor, Lam Pak Cheung, You will was then called. He said that he see two photographs there, did you was on duty from 8 to 10 p.m. on initial them - initialled the May 8th. He did not notice either photographs. writing around and below the of the two offending articles.

Witness then described the head. valuables. The picture has many Mr. Lo: I understand you to saying of an article printed on the exciting moments, such as the flight of a plane through hail, snow and that you put your initial on

proof which was supposed to contain rain, to get the mail through on photograph with writing-Yes. the article "Warning to Our Chi- time, a man jumping from a plane Mr. Lo: Very well, if you wish nese." He said that the heading with the precious cargo, and a to be thoroughly discredited, I am was started on one side on the battle in the air between mail going to do it. New look at this right, and the continuation of this plane and two rival bands of crooks. photograph-The newspapers are heading should be on the left im- always late in submitting photo-mediately after the first lice. In Baxter a the daring air mail pilot, The featured players are Warner graphs They do not how to make stead of that, the continuation was Billie Dore as the young girl who blocks and have to wait for them to removed further to the right thus wins his love, and Douglas Fair- come in.

leaving a space between the two banks, jr., as a youth who idolises Mr. Lo: I want you to take it headings It was in this space the pilot and later saves the mail seriously. Do I understand you to that the offending article was, in through the use of a parachute at a say that the space did not bear serted. According to Chinese way critical moment. your signature, because the written of writing, witness said, the charae, mutter was not there when it was ters could not be written to the ·Comedy Of A "Dead" Man. submitted to you, or in other words, right. They must continue on to" "The Sunshine Trail" at the Star was there forgery again Possibly the left, and if the Shun Po had Theatre deals with the troubles of Mr. Lo: Or possibly not-If this followed, the usual procedure, the a youth who comes 'home from the photograph Lad been submitted to blank space would not have been war expecting to be a hero but who me without any printing matter on created."

fads that he is supposed to be Mr. Lo Kao Chak, the chief it, I would probably not have Mr. Fitzroy then asked witness dead! The star is Douglas Mac- translator of the S.C.A. was then initialled it

as to whether or not he could tell | Lean who romps through his adven- called. He testified to having sent

Printing on Blank Space.

the difference between the ink intures with his usual dash and verve. a district watchman to "the "Shun Fo asking for the proof which was

: Advance Booking. At this stage Mr. Lo told his which the offending articles - was supposed contain the offending Worship that he had been told that printed and the ink used for other article. and the passing of approved ones without the proof. A visit paid to no matter how great an expert hoink which the offending article was the Queen's Theatre for the special

The watchman returned it would be impossible for any man, matter. Witness replied that the were concerned. He asked his Wor- the Shun Pa the next day also fail- might be, to print in a blank spacePrinted appeared to be lighter.. ship to decide from the fresh evi- ed to bring the proof to light. surrounded by other articles ́with-

ed.

Bather An Exaggerated Point. Mr. Lo said that certain docu- ments had since been received by him and he would submit them to show that the evdence of the last witness was not true in so far as the crossing out of rejected articles

dence which he would introduce as

to whether forgery or perjury "* had been committed.

and dismissed with a caution.

No Records,

Advance booking is now open at

programme to be given at 9.20 night- Mr. Fitzroy asked witness if inly from Thursday to Saturday com- In answer to Mr. Lo, witness out either getting too close or too opinion the proof had not been prising the big screen version of Sir James Barrie's famous play, said that he did not know whether far from the other matter.

printed upon on two occasions.

"Quality Street," and the “inter- the defendant had been informed The Magistrate: You mean to Hot Aware Of Their Responsibility, national song and dance bits" to His Worship said that he would have no objection to hearing freshy the 8.C.A prior to May 6th say that you cannot print inside a Mr. Lo objected to this. If Mr.be presented by Eleanore Nison and not to publish any article advocat- blánk spaco without it being Fitzroy wanted an opinion on this, Leo Mantin, famous revue artists evidence on that point. Mr. Fitzing.a boycott against the Japanese. obvious Mr. Lo replied that he an expert would have to be called. direct from 'Abbaye, Paris, and roy, for the prosecution, said that He however knew that either on the witness was not at present in May, 6th, 7th or 6th, the defendant sible, as there were men

would not say "absolutely impos- He had invited Mr. Fitzroy to do The Knickerlocker, Monte Carlo. Court and that Mr. Lo would have and other Chinese editors have could even print the Hong Kong Bo, he certainly could not get expert be reserved for the 2.30, 5.10 and who so, and if he did not chose to do Beats in the dress circle may also to wait for a few minutes when the. been warned by the S.C.A not to and Shanghai Bank notes. witness would be called.

He evidence from a censor who was 7.15 performances of publish such articles. Mr. Lo said that he particularly Mr. Lo suggested that the Chinese man, the task would be almost an lowed the objection

said that to my ordinary newspaper not a printer. The Magistrato al- Street.” wanted to fight out this point on editors were only instructed not to impossible one., He would invite principle.

use violent language His Worship said that he person they were not told to cease publish Court to demonstrate that it could take a long time, but as the mattered to him that the censors did not

and that Mr. Fitzroy to bring a man into witness, Mr. Lo said that he would In rising to cross-examine the

Mr. Lo then said that it appear- ally thought that the importance of ing anti-Japanese articles.

Witbe done. the point was being rather exagger-ness replied by asking Mr. Lo what

was still fresh in his mind, he would seem to realize their responsibility. Pressure Of Work! rated. Mr. Lo replied that it was was the difference between "violent

aak witness a question, as to the They were ready to come into Court

not be who brought up that point. language" and not to publish ar Coming back to the" photograph Ink.

heatedly made that suggestion.

(

Quality

comments. Mr. Lo went on to say

It was the Crown Attorney who ticles promoting a boycott against with writing which the censor did Witness said that his experience to talk rubbish and that he (Mr. Japanese Mr Le replied that he not either initial or cross aut, Mr. with Chinese newspapers had shown Lo) was sorry to have to make such His Worship said that a heated was in a privileged position and Lo asked the witness to give an ex- him that very seldom, was one per- that he would ask the witness many person might say anything, would not answer questions put toplanation. Witness said that it was tion of the page printed with lighter more questions and he hoped that

·Mr. Lo I am glad that your him by the witness.

quite possible that the photograph ink than the other. Mr. Lo picked witness as a Government servant, Worship takes this view. I did not Mr. Lo then suggested that the and letters were added afterwards. up a Chinese newspaper at random would be careful about what he had start it. It was Mr. Fitzroy who Chinese editors were called to the

Mr. Lo: If the editor tells his and showed it to witness. He asked

anid. brought the matter up. He heated- S.C.A. office on May 31th; and not ly said that the whole matter was on any of the three days mention reduced to this: "Forgery or per-ed by the witness. jury." I replied, as your Worship The Magistrate (to witness): In will remember, that if there was an important matter like this, anything it was perjury on the don't you make a note in your part of the witness for the Crown. diary No.

*

ed.

Warship that it was the exact sheet witness to examine it closely and Mr. Fitzroy: You can't say these he had submitted to you, what other to tell him if he could see any things. A witness must be protect explanation could you give to the difference in the colour of the ink. Court-I do not remember notie- After: a, close examination, witness Mr. Lo I can and I am sure his ing the photograph on the proof admitted that in some parts the ink Worship will support me. at the time, but it is possible for was lighter than the other.

The case was then adjourned until a newspaper to add it afterwards. (Continued at foot of next column, this afternoon at 2 o'clock.