1928-06-15 — Page 4

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THE HONG KONG DAILY PRESS, FRIDAY, JUNE 15th, 1928.

CENSORING THE CHINESE PRESS.

CASE CONCLUDED YESTERDAY.

MR. LO'S CRITICISMS, OF THE EMERGENCY REGULATIONS,

JUDGMENT RESERVED.

The case in which the editor, publisher and printers of the Shui Po were summoned by the Secretary for Chinese Affairs with having published two articles advocating a boycott against Japan without having submitted them to be censored, was concluded yesterday before Lieut. Col. F. Eaves. D.S.O., at the Central Magistracy. Judgment was reserved.

GARRISON CHANGES ·

IMPENDING:

SCOTS GUARDS AND QUEEN'S TO LEAVE IN AUTUMN,

ROYAL SCOTS EXPECTED

HERE,

Enquiries at Headquarters Office yesterday confirmed earlier reports that the 2nd Battn. the Royal Scots, who are now in Cairo are coming to Hong Kong in the nutuma..

It is expected that the 2nd Batin. Scots Guarda, now in Houg Kong will return to. England and that the 1st Batta. The Queen's anid that the article complained Royal Regiment will be trans. of by the S.C.A. was worded in a ferred to Malta. No decision way to bring it within that ordin-| appears to have been made as to ance.

whether another regiment will take the place of the Scots Guards.

The Officers.

Mr. M. K. Lo appeared for the defendants and Mr. H. Somer- set Fitzroy conducted the, prosecution,

The editor of the Shun o was cross-examined at some length by Mr. Fitzroy. He said he had an interview with KEYPORE in the S.C.A. office either before or after the publication of the articles com- plained of He was only told not to war strong and violent language and nothing about the boycutt " was said.

Questioned as to why the second half of a heading, on a proof which contained the offending article, was tucked away, at the extreme right hand corner instead of running per- pendicularly with the first half on the left, witness raid that the, sheet of paper was not large enough to contain the whole healing. He therefore put half of it somewhere where it did not matter. As to why he had printed the offending article twice on the same proof, witness said that the first impression was blurred, he therefore made another impression so that the censor could

read it.

Mr. Lo then explained to the Court that in reality the offending article appeared in the issue of May 6th. It was not submitted to the censor. On May, 9th, the Shun Po sent the same article to the censor so as to remedy their omis sion of the previous day.

The Magistrate pointed cut that this was a very damaging admission to make. Mr. Le replied that the present case was not concerned with what had taken place on May 8th. They were only concerned with May 9th and 10th. If the Crown chose

to

take out another summons against his client in respect to that affair, he (Mr. Lo) would be quite prepared to deal with it. (Laugh ter.)

His Worship pointed out that it seemed to him that the defendant was making a general confession of his sin. Mr. Lo explained that it was the usual practice not to submit everything to the censors. However, he (Mr. Lo) would be quite prepared to meet Mr. Fitzroy at any time with regard to what had happened on May 8th.

Mr. Fitzroy (sotto voce): Is it a challenge 1

Mr. Lo: Yes, I challenge you any day. (Laughter.)

Witness was then questioned by the Magistrate and said that he generally decided whether, an article was of importance or not. Ho con sidered the advocating of a boycott was not a serious matter. Such words ne "all our countrymaa should rise, and be active against the Japanese, were not violent in his opinion.

Mr. Fitzroy replied for the pro- secution at some length. He called his Worship's attention to the im- portance of the fact that the censors had had specific instructions after April to initial every paragraph in

Submissions For The Defence.

Captain in 1004. In 1905, he trans- ferred to the Royal Scots, became Major in 1013 and Lieutenant Colonel in 1926.

In his reply Mr. Lo'said that he would first of all like to say a few

The Commanding Officer of the words in support of his plea that and Battalion, the Royal Scots, is the regulation was ultra vires. He Lieut.-Col. Frederick Courtner said that a state of emergency was Tanner, C.M.G. D.S.O. Born on created in 1025 under Royal In December 2nd, 1879, he was educat- structions, which gave the Govered at Marlborough College and nor-in-Council power to declare a Sandhurst, He entered the Army publis state of danger. It became in 1800, joining the Lancashire as Mr. Lo termed it, a blank Fusiliers and attained the rank of cheque to the executives. It was also their duty to declare that the state of danger had passed and to repeal the proclamation. It could again be enforced if at any time a state of danger arose, Nothing to the effect, Mr. Lo said was done. A country might enjoy n state of peace for fully fifty years and anyone who violated that Ordinance could be punished without having regard to the fact that the regula- tion was created for a special oc cusion fifty years ago.

Mr. Lo submitted that his Worship must nak himself and must find out whether a state of danger existed and when it ceased. Under the re- gulation under which his client was charged, there was absolutely no indication to show whether a state of danger had ceased or not.

Mr. Lo further contended that the regulation was ultra vires be cause it was created in a state of emergency. If that regulation was intended to govern the Press for all times, it should be thoroughly discussed. Discussion was not pos sible in 1925 when the state of emergency was hurriedly declared. Since then the Government bad had time to consider whether it was intended that the regulation was still to hold good.

Mr. Lo said that at the present 'moment it could not be said that natate of emergency still existed. The visit here of Marshal Li Taai to Canton had put the two coun- Hein and of B.E. the Governor's tries on very friendly terms.

He served in the Great War from 1014 to 1918, was mentioned in despatches, and awarded the D.S.O. and the C..G.

The other officers of the 2nd

Battalion, according to the latest Army List available, are:

Mojars J. M. Colchester-Wemyss, O.B.E., H.. J. Simson, M.C. and C. D. Acheson.

Captains R. Scott-Moncrieff, G. E. Hall,, M.C., K. G. Buchanan, M.C.. F. M: McCausland, A. Max- well, H. D. K, Money, C. C. Win. chester, M.C., R. Scott (Garrison Adjutant and Quartermaster), and F. L. Jobaston.

Lieutenants W. A. Cunningham, T. Evans, M.C. (Quartermaster), J. Slater D.C.M., A. Gordon, M.C.. D.C.M., M.M. (Adjutant), A. M. Paterson-Brown, G. Byam- Shaw, J. Murray, J. L. Jamieson. R. G. Watson, T. R. Henderson, and F. B. Sheppard.

2nd Lieutenants R. Delacombe. G. A. R. Chalmers, H. G. S. Luna- den and E. E. P. Tisdall.

The Royal Scots-formerly the 1st Font are the oldest regiment in the British Army and their

identity can be traced to a Scot the service of Gustavus Adolphus. tish troop which, in 1695 entered

King of Sweden. Later, this troop amalgamated with Scottish Brigade in the French service, mak- ng Le Regiment d'Heborn.

Д

In 1838, it became known as Le

Regiment de Douglas, after its new Mr. Lo then referred the Court Colonel; and later as Dumbarton's to the Royal Instructions which Regiment, after its next Colonel. sail that anyone of British descent Royal Regiment; later, it bore al- In 1884, it was designated the publishing anything in Chinese and ternatively the names of the 1st or all Chinese newspapers should come under the regulations. The Govern- Scots. In 1981, it became a Ter- Royal Regiment, and 1st or Royal ment knew that there were no Chi-ritorial Regiment, as the Royal nese newspapers owned by persons Scots (Lothian Regiment). of British descent, and in order to bring the regulation withing reach of the Chinese, it then mentioned

Chinese newspapers."

Mr. Lochallenged Mr. Fitzroy Mr. Lo then asked why should to bring a case against any of the Chinese newspapers should be cen- big firms who advertised "Buy sored and not other papers.

British Goods Only," "Don't Buy Dealing with another aspect of American Cara." He said that in the case Mr. Lo said that even as England such slogans were being auming that the regulation was adopted and to take an example valid, his Worship must take into it was advertised in the Strand consideration the circumstances of Magazine. Mr. Lo also referred to the case. The articles arose out of a visit paid by His Majesty King a proof. With such instructions the Tsinan incident. Several papers George to a certain department fresh in their minds, it was, there had written on this subject. It was where he saw all American type fore, very curious that every para-only right that the Chinese should writers were in use. His Majesty graph on the proof which was protest against the doings of the while praising the American pro- supposed to contain the offending Japanese to their compatriots. There ducts said that it would be better article was initialled with only one was no reason why Chinese news if the British used a machine made. exception and that exception was papers in the Colony should keep in their own eduntry. This type: the offending article. Mr. Fitzroy silent about such an important writer, Mr. Lo said, is now ad- then laid stress on the fact that the issue affecting their country and vertised in Hong Kong which says censors had said that the article was their liberty, Mr. Lo then said "Buy a British typewriter only" not at first on the proof, and argued if his Worship took this into con- and zomething to the effect. (Mr. that that evidence was correct. sideration, he could exercise, his Fitzroy, sotto voce) Yes, and we If it were not it was a curious power to treat the case as a trivial have a big contract for it too. coincidence that of all the para- one and dismiss the charges with a graphs they should have forgotten caution. to initial the very one that was Mr. Le then argued that the re-advocate the sole use of British complained of. He also drew his gulation was ultry vires in that products and urge people not to Worship's attention to the fact that it said no person or persons should buy an American car, should be the heading was purposely tucked induce a person or persons to re- proceded against under the re- away at the right-hand corner so frain from trading, buying, hiring gulation, as to create a blank space in which and dealin,He pointed cut out dence and asked the Court not to the offending article might be in or persons. serted after the proof had been it only referred to person or per pay too much attention to what the initialled.

song and not a country, Defend-ceners had said in evidence. He Mr. Fitzroy in dealing with the ant's artioles urged people not to pointed out that the censors had regulations governing such, articles bay Japanese goods That, Mr. Lo made conflicting statements said that even if one assumed that said was a national affair and not matters of importance and for that the article were censored which was a personal affair. The regulation reason that evidence should not be highly improbable, the publication was created during the strike when accepted as true,

Mr. Lo then said if the regula tion was not wiltra viren, those who

with another person Mr. Lo then reviewed that exi-

of such matters were not allowed by there was not a single servant to

law. He cited authorities to show that any person or persons publish- ing any matter inducing a person or persons, or member of the public to refrain from dealing, trading, hiring, etc., of any person or per- Bons, were liable to conviction. Ho

on

His Worship said that there was

he had in the Colany. The regula a certain amount of conflicting evi- tion was, therefore, created to meet dence given by important witnesses. that emergency. It did not say to the case. He would, therefore, anything about refraining from like to have time to consider his buying, trading, or dealing with a verdict. Judgment would be de country.

livered on Wednesday morning at (Continued on next Column), 0,00.

KAIPING HOUSEHOLD COAL

In Lots of not less than

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2

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Note Reduction in Prices.

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All orders must be ac- companied by Cash, Choque, or Compra- dore Order payable to **The Kallan Mining Ad- ministration."

THE KAILAN MINING ADMINISTRATION

DODWELL & CO., LTD.. Agents, Hong Kong.

Hong Kong Weekly Press

PUBLISHED TO-DAY

WHAT WILL HAPPEN AT PEKING, NOW THAT THE NATIONALISTS HAVE SECURED CONTROL ? THAT IS A QUESTION WHICH MANY EUROPEANS HAVE BEEN ASKING THE PAST WEEK. WILL THERE BE A PERIOD OF PEACE OR WILL THE VARIOUS FACTIONS COMPRISING THE NATIONALIST FORCÉS START TO FIGHT AMONG THEMSELVES !

A summary of the cables, describing day by day the changes in the political position, is given in the HONG KONG WEEKLY PRESS published this morning. The WEEKLY provides that general review of the situation which will enable the business man at Home to understand mere clearly the march of events. It supplements and makes more intelligible the information he is able. to glean from the London papers

The daily reports from Canton, which are repro- duced, show that South China is now devoting its attention more to trade than to politics. The currency in Kwangtung is steadily improving and the Government is "living up to its promise to aid in every way possible all legitimate business enterprise.

The HONG KONG WEEKLY PRESS. is a paper welcomed by all interested in See that it is sent Home China affairs. regularly.

32 Pages-Price 30 Cents.

The Paper with the Familiar Yellow Cover,

(On Sale by all. Regular, News Baya.]

Annual Subscription: Hong Kong, $13; Post Free to any address, 815; Quarterly Subscription, $3.75.

Orders should be sent to the

HONG KONG DAILY PRESS, LTD.,

11, ICE HOUSE STREET.

TELEPHONE: C. 12.

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