PAGE 2-HONG KONG DAILY PRESS
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GENERI
PUBLIC EXCLUDED FROM MURDER HEARING
Magistrate Gives Reasons For Decision
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Mr. R. Edwards at the Central Court yesterday gave his reasons for excluding the public from being present at the preliminary hear- ing of the case in which L Man, alias Li Wai-man, 43, unemployed greased, is charged with the murder of a man, Pun Shing, at the Luen Hing Seamen's boarding house on August 4.7.
.
NEW SET OF
EMERGENCY
REGULATIONS
To Be Gazetted By
Government z
A new set of emergency re- gulations, to govern occasions of emergency or public.danger, will be issued by the Govern ment in a special Gazette to- day.
These will include, it was learned from an authoritative source yesterday, several of the 1922 re- gulations which were in effect during the time of the general strike in Hongkong.
Several amendments have been made, one Important addition governing the control of ships of belligerent nations in the port" of Hongkong.
The hearing will commence on Octoder 4. Addressing the Court, Mr. Ed-at the preliminary examination or waids said, in part:
receive verbal accounts from per When the accused appeared be-sons who have this dangers en fore me on remand last Friday, Irely eliminated by my decision, announced as I fixed the dates as the staff of Anly newspapers for taking the preliminary ex are by the Jury Ordinance 1887 amination, or, as it often called, exempted from jury service... the "committal proceedings," in Second, that a future juror may Based on the Hague Convention. this case, that I should not permit read a newspaper report at two it is understood that this particular members of the publie to be pre-preliminary proceedings which is regulation is aimed, in particular, sent though I did not proposed to likely to prejudice his mind. As to at Chinese and Japanese shipping exclude representatives of the this, I have been, encouraged, by in the event of the present con- Press. I made the announcement the manner in which the Press of fict in China developing into a then in order to save members at this Colony have responded to declared war. the publle (of whom here, vere a requests made from the Bench r great many in Court) the trouble of special cases not to publish certain coming to this Magistracy on the evidence, to believe that they will afternoons fixed only to be tumed readily, understand the subject
away.
It is believed that, under cer-
This
tain circumstances, such ships "wili be interned, while in other cases. the broad lines of the Hague Con- which I have in view arid that with vention, may be applied. My decision on this point is their co-operation a plain and permits ships of belligerent nations made in the exercise of many dis-short report giving the names of to clear port if the vessels have cretion under Section 74 of the witnesses and a bare outline of sufficient fuel no such ships how- Magistrate Ordinance 1932
the evidence may be given which ever being allowed to coal in the Whether and how this discretion would be unlikely to atejudice the neutral port. should be exercised is a matter for mind of any future juror and st the magist.ate to. consider se the same time, would largely meet parately in each case.
the objection that a possible wit Here I have exercised my diecre-ness might fail to come forward tion in the interests of the accused, through ignorance that the ac- who is unrepresented, knowing cused was on trial.
simply that he is charged with My decision in this case is un- murder having previously been usual, but it is not unprecedented. charged with wounding with intent It Has long been the law that ma- to cause grevious bodily harm andgistrates have an absolute dis. that I witnesses' are to be called cretion as to the admission of the by the prosecution making it public to committal proceedings. necessary to allot three afternoons In fact in 1811 it was held libellou?' for their examination.
to publish reports of the proceed- ings at all S
It appears that this is a case which is likely to achieve a sub stantial measure of publicity an I consider it to be in the interests ar justice, in fairness to the ac cused, that, if he committed for trial, his furors shall not be a quainted with any preficia de talls of the case efore, sen they begin to hear the evidence at the Supreme Court.
POWER REMAINS
The discretionary power to ex- elude remains, and I have seen re- ports of two instances in England this year where benches of justice decided to use it. In one case public and Press were excluded. but in the other the Press were allowed to remain and published a discreet account of two prelimin Tary examinations excluding detalls It would be improper for me to which might well have prejudiced elte instances whether in this Co-the mind of any juror reading it. lony or in England, but the not I see no reason why with the co- infrequent cases at Criminal Ses operation of the Press the second sions or Assizes where it is neces-procedure should not be success- sary to war the jury to give ver- fully applied here.
POSSIBLE DANGER
dict solely upon the evidence, which If the accused is committed for they have heard or read about the trial, all the admissible evidence case before they came into Court, given.at the preliminary examina- indicate sufficiently the possible tion will become pubic at the trial. danger to the accused if his future If not. I. for my part, shall have Jurors are able to attend the pre- no objection to the publication of liminary examination before the the fullest detalled report after my magistrate or to read reports decision not to commit. giving, heard details or by heavy"
type, headlines emphasising certain
aspects of the evidence in a man-
ALIENS FINED
ner bound consciously or uncon Appearing before Mr. R. Edwards Central Court" yesterday, sciously to affect the jurors mind, as the
It may happen, and has happened, Ana Iaulona Belousova, 43. widow that prejudicial, evidence, is nd-Russian subject, was fined $50 for mitted at the preliminary examina-entering the Colony without a valid tion and by wide publicity be- passport. An expulsion order was
also made. comes known probably to every
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CHAP'S FAINTED
as evidence at the trial.
James Lee Bledsoe, 24, student and Frank Lott Higgs, 30, geologiat.
I know of only one argument in both Americans, were each fined $5 favour of admitting the public to for failing to register with the 48 hours of their preliminary examinations. It is police within
that valuable witnesses, particular-arrival in the Colony.
ly for the defence, may come for- ward to give evidence at the trial
as a result of the publicity accord-
ed. This is an important con-
:『,་ ཝེ,
TRAFFIC CHARGES Pleading guilty to a charge of leaving his car unattended near
sideration and none the less im the exits of the Alhambra Theatre, portant because such cases are kely to be rare. I have consider ed it carefully.
PRESS CO-OPERATION -
I now come to my reason for allowing in this case the presence
between 7.50 p.m. and 9.25. p.m., on August 14, Aircraftsman Bowles, of the R.A.F.. Kai Tak, was fined $5 by Mr. Q. A A, Macfadyen at the Kowloon Court yesterday.
Pleading not gulity to driving a of Press representation though the military ambulance without due pabile are excluded. The disid. care and caution, In Nathan Road vantage to the accused of com on August 28. Driver Stubbs was mittal proceedings in open court ordered to appear before Mr. Mac- is twofold. First, that a future fadyen on October 13, at 2.30 pm juror may be actualy present when his defence will be heard...
THANKS
'NIKS
-A Gudzvend Cure
For Hong Kang Foot
SATURDAY, OCTOBER 1, 1938.
No. 77
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