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THE RED HAND COMPOSITIONS LIMITED, LONDON.
Contractors to the Admiralty, India Office, War Office, Crown Agents for the Colonies, &c.
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Antifouling Composition's for Ships Bottoms, Antisive Paints, Ready mixed, for all purposes.
Supplies available from:
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THE STANDARD LIFE ASSURANCE CO.
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Ol Drilling Cablas of any size up to 3,000 feet in length, Prices, Samples and full particulars will be forwarded on application
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OWING to the present high rate of EXCHANGE we are now offering our KODAKS and FILMS at very lowest
possible prices. Inspection cordially invited.
A. TACK & CO.
20, Des Vosux Road, Cil
GREEN ISLAND CEMENT COMPANY, LIMITED,
PORTLAND CEMENT. “
In Casks of 375 iba. nat. In Baga of 150 lbs. met.
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General Managers. |Hongkong, 18th August, 1916.
HONGKONG JAPANESE MASSAGE ASSOCIATION:
Mr. U. SUGA Ms. A SUGA Mr. L. HONDA Mrs. S. HONDA
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METALS
of all kinds, especially for ship- building and engineering, works. Largest and best assorted stock! in the Colony,
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(Established A. D. 1830.) HING LUNG ST. Phone 5'5
MEE CHEUNG
PHOTOGRAPHER, FOR ARTISTIC PHOTO- GRAPHS CALL, AT ICE HOUSE STREET: 09 RING UP 1013,^^
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(Capital Paid up...$1,250,000.)
Loamaan Koriyaga of Rowan Property, da Good roared on Storage. Advances made en Kartiandien Ketawa mada on the Provident Syste
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NORTH BRITISH
AND
MERCANTILE INSURANCE CO.,
1
in which are vested the shares of THE OCEAN MARINE INSURANCE CO., LTD.
AND
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LONDON. DIRECTORY.
with Provincial & Foreign Sectoes, enables tradera so er msamieste dirsen with MANUFACTURERS & DEALERS
SOURCES OF NEWSPAPER' INFORMATION.
NEED NOT BE DISCLOSED,
The appeal of A. Lyle-Samnel v. Odhams (Limited) and the National News (Limited) and Vic- toria House Printing Company (Limited) came before the Court of Appeal (Lord Justice Bankes and Lord Justice Scrutton) ca 30th July, when the following judgment was delivered.
2013
This appeal was from an order of the Judge in Chambers affirm- ing the Master's orders refusing permission to the plaintiff to administer bërtain interrogatories" to the defendants in a libel action now pending. The appeal raised interesting and important question as to the "special. cir- cumstances”in whịch & plaintiff in a libel action can obtain from the defendant the name of his loformi“ ant as an exception to the rule. of practice which has prevailed for some years that a newspaper; editor, or publisher, or printer. should not be compelled to dia- close his source of information or the name of his informant.
The plaintiff, Mr. Alexander Lyle-Samuel, M.P. for the Eye Division of Suffolk, complained of an alleged libel against him in the National News of Sunday, December 8th, 1918, and be brought the action against the proprietors. printers, and publish- ers of that newspaper. He alleg- ed that the libellous statement was published at the time when hef was a Parliamentary candidate for the Eye Division, and that it) was an unjustifiable attack upon him, not only in respect of his public career, but also of his private and domestic life. He further alleged that the mean- ing of the libel was that" he (the plaintiff) was an un- scrupulous and dishonest adven- turer, who had married his first wife solely for the sake of her money, and had tricked her out of her money, and by his conduct bad driven her insane, and had then deserted herand leftherto die in a pauper lunatic asylum; and that he had married his second wife solely for the sake of her money, and that he had engaged company promoting trans- actions of a dishonest character, that he had an unclean record, that he was a person of ill-repute, devoid of commercial integrity orį decent instincts, and that he was unfit to be elected a member of Parliament, and was unworthy offi the trust or confidence of any respectable person.
in
The defendants pleaded finter alia) that the words did not bear the meaning attributed to them by the plaintiff, but that in their natural and ordinary meaning they were true in substance and in fact, and that they were a fair' and bona fide comment on a mat- ter-of-public importance, to wit, the antecedents of the plaintiff, who was then a Parliamentary candidate.
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The plaintiff applied to the Mas- ter in Chambers for leave to ad- minister interrogatories to the defendants, calling upon them to disclose the source of their in- formation, on which the alleged statements in the National Neirs
was the matter from outside the were based, with the names of on which the exception their informants, but the Master based, and it had been said that decided cases it seemed to him refused leave, and his decision the real ground was that it was (his Lordship) that there was not in the public interest that in Imuch to be said in favour of ask- the case of newspapers pleading ing questions as to the person fair comment the name of the from whom the information was
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DRAGON MOTOR CAR CO.
HEAD OFFICE & GARAGE-24 & 23 DES VEUX RD, CEN BRANCHES 17 PRAYA EAST & 16 NATHAN RD., OWLOON.
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·Samples & Prices on Application to
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We the UNDERSIGNED being General Agants for THE MOTOR UNION INSURANCE CO., LTD., are prepared to issue POLICIES against FIRE, MARINE, and MOTOR ACCIDENT risks at current rates.
Particulars from
糖
was upheld by the Judge.
The plaintiff, by leave, appealed to the Court of Appeal:
Mr. Douglas Hog, K.C., and Mr. informant should be disclosed. received. It might be a person
球 St. John Field appeared for the that it was in the public interest who had been convicted of perjury appellant; Mr. Barrington-Ward. that they should be allowed to for of such a character as to be, K.C., and Mr. du Parcq for the criticize freely individuals with- and to be well known to be, National News (Limited); and Sir out disclosing the
of thoroughly unreliable. There was their informant. Mr. Hogg however a rule of practice which Hugh Fraser for Messrs. Odhams had said that the present had prevailed for some years, ac-
(Limited) and the Victoria House Printing Company (Limited).
JUDGMENT.
name
cording to which this kind of interrogatory was not allowed in the case of a newspaper.
CRSE
was not covered by this ground because it was an attack upon the private character and Lord Justice Bankes, after life of the plaintiff, which was His Lordship, after referring to stating the nature of the applica- entirely unwarranted from the the authorities on this rule, said tion and the issues in the action, point of view of being in the public that counsel in the present case said that it was now well interest. That Court could not had relied on various matters as be- established that in an action for however, decide an issue which | ing special circumstances taking libel against an individual who would have to go before a jury for the case out of the rule-first an was not carrying on the business the purpose of saying whether undertaking given by counsel that of a newspa er, it was permissible special circumstances existed. no proceedings should be taken to interrogate him whether he Mr. Hogg had made various against the informant if his name had justification for what he had suggestions as to what constituted was disclosed. He (his Lordship) said, or whether he might not special circumstances, but he did not think that was a special hev een misled by the informa- (his Lordship) was quite uneble | circumstance. Next it was said tion given to him. It was also to accede to those investigations, that the rule only applied in order established that, so far as that One was that the defendants to enable newspapers to criticize Court was concerned, there was might have gone to untrustworthy public men in their public an exception to that rule in the sources for the information upon character and not in their case of a newspaper. That ex- which they acted. It was not for private life. In his Lord- ception was clearly laid down the. Court to say what the I bel ship's view the private life in the Plymouth Mutual Co. meant or to consider, the good of a member of Parliament ought operative and Industrial Society or bad taste of the writer in the to be considered as to whether he (Limited) v. the Traders' Fublish newspaper. All that he (biswas fit for e public career. Lastly and the Bobuial and Foreign Marketing Association (Limited), 22, Lordship) could say was that this it was said that in this particular seranged onder the form to which they put the Times L. R. 266 (1906, 1, K. was an action against a news-libel the newsparer might have B. 403), in which Lord Justice paper for libel, and in that case obtained the information from un- Onninen BUSINESS CARDS of Firy desiringStirling stated the exception to the rule which refused to order reliable sources. His Lordship was be well-established in the absence disclosure of the sources of in-unable to extract that probability. of special circumstances. Mr. formation applied and the appest from the pleadings, and under the Douglas Bogg had, however, must be dismissed.
circumstances, he was bound by suggested that special circum Lord Justice-Scratton agreed the previous decisions of the paroletances existed in any case in and said that a comment alleged Conet of Appeal, and there was
which it could be shown that the to be fair might become unfair if nothing in the case which is alleged libel must necessarily be made from a malicious motive, dicted any special circumstances outside the rule upon which the and the proposed interrogatories which would take it out of the exception was founded? It was might become very material întrale which protected newspapers. necessary to consider the ground such a case. If one approached | The Hopeal would be dismissed.
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