1928-06-08 — Page 2

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THE HONGKONG TELEGRAPH,

LOCAL CENSORSHIP

י

[

CASE.

FRIDAY, JUNE 8, 1928.

General. So far, I have not oo- Jected to the summons, but if your Worship does not think that the summons should be brought in this form, your Worship should dismiss

SERIOUS ALLEGATIONS MADE }ft..

IN COURT.

154.

His Worship: Supposing I Im- pose a fine, who am I going to fine? can't fine them unless they are a registered Company.

Newspaper's Responsibility

The case Inch the printers and publisher of the Hongkong Sun Po are being summoned by the S.C.A., was continued before Lt. Col. F. Eaves, acting first Magis- | Mr. Lo then pointed out, that ha trate, yesterday afternoon. The agreed with the prosecution that charges were that they published the real responsibility rested with on May 9 and 10, articles calculat- the hewspaper, and he added that. ed to induce people to refrain it was not suggested that the from doing business with the Chung Fat could have done any. Japanese and that the articles thing on their own at ali., Ho were not censored by the'Ş.' C. A. thought the proceedings against as required by law,

the newspaper would be enough and for that reason he did not see why ho should help the prosecu- tion.

Mr. Somerset Fitzroy appeared for the prosecution, the printers and publisher being represented by Mr. M. K. Lo.

His Worship: If I should find

«Mr. Low I daresay, your Wor- ship. That is all the more reason why should not tell your Wor- ship who they are

At the commencement of yester-that there has been an offence com- day's hearing his Worship, dealt mitted, each and every partner in with several points which had this particular firm is guilty ana arisen during the previous hearing. la liable to fine and impitsonment. |ile enquired if there had been any proclamation to the effect that a state of emergency was in exis- tence, giving his opinion that If such a proclamation lind, been made, the state of emergency could only be considered at an end when announced to be so by another proclamation.

Mr. Fitzroy stated that as far as he could remember no procla- niation had been made before the regulations were made. He was certain that no proclamation had been made to the effect that the state of emergency ceased to exist, He was under the impression that no proclamation was ever isaued,

The next point his Worship raised was As to whether the offence, as detailed, could not be considered a continuous offence and treated as one. He said that the first witness had admit- ted that once an article was censored, It could be used for several days. That being the case, he said that the defendants should be summoned to answer for one of the, two instances, either the 9th or 10th:

Mr. Lo said that he was inclined to be optimistic and had intended to, address his Worship later, on the question of penalty, if his Worship eventually went against

him.

|

Before the Magistrate continued the hearing, he enquired of Mr. Lo as to whether the defence on the two charges was in regard 'to non-submission to censorship, 'that the paper was censored and that the regulations were ultra vires and that as regards the second charge of publishing anti-Japan- se máttér, the regulations were ultra virez. Ils Worship said that he asked this in order to save time, out. Airlo, was not compelled to answer the questions. "

Mr. Lo replied that his defence, as indicated by his Worship was correct.

7

i

Censor Cross-Examined,

Lau Shelik-chong, the Chinese official of the Secretariat of Chi nese Allairs, who is one of the newspaper censors, was then called into the witness box, when Mr. Lo continued his cross-examination,

Mr. Lo asked if it was the pric- tics that articles on which the newspapers had no doubt that the censor Would not object, were not submitted to the censors. Witness replied that all articles should be submitted.

Mr. Lo:. I have a fair recollec tion that that was your answer previously, I don't want to know whether that should or should not o 80. I want to know if all articles were; in fact, submitted to you,

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that the blank spaces were not also be perjury on the part of Mr. filled up by him.

Fitzroy's witness,

Mr. Lo: How do you know it

your

sent to the S. C. A. and that, after it had bean marked, was returned: to the printers. The S. C. A. re- tained no cops and therefore it was difficult for witness to Answer such a question,

Mr. Fitzroy, then produced the was not ruled out by you? Thai copy of the "proof" of the paper is not the way I cross out spaces, published on May 9 and asked wit Then which way do you do it?ness if he had put any marks on Before the case started, it was the blank spaces in that paper.

The prosecution then put in the never done.

Witness ropiled that he did not. withels box a Chinese district watchman who deposed that he Mr. Lo said the defence did not find heen twice to the office of the suggest that the censor marked

His Worship: Is that material to your defence?

Question of Forgery.

censor about it.

Mr. Fitzroy differed with his Worship and said that although the name of the paper was the

every space on a sheet of paper. Hongkong Sun Po to ask for the aame, yet it boro two different

He was only concerned with blank proof of the articles complained of dates and therefore must be treated separately. He instanced the

Mr. Lo: I don't know whether spaces within the orbit of the and had been unsuccessful. HA did not see the manager on his Times of January 1 and the sume Mr. Fitzroy: How enn he say

your Worship, on this censor's paper.

Įtwo visits, but adw the fókis, onė Mr. Fitzroy, pointing at the of whom told the witness that he paper of Seplumber 1. They were that, That is not within his evidence, is prepared to find ua certainly two. distinct papers,

guilty of fraud, etc. We frankly article objected to, asked the cen-would tee the A newspaper, said Mr. Fitzroy, ow Lo: He is the censor and said that as regards some of the sor if that article appeared on the He reported these results to the was different from a pamphlet and the should know. Your Worship, I stuff it was not officially censored, copy submitted to him. Witness first witness.

The case will be continued on the publication cach day was dif-submit it is physically impossible but, we submit that the slogans replied that he did not notice it.

Mr. Fitzroy: Is your signature Monday afternoon. ferent and must be dealt with as for two censors to deal with, all were passed and actually censored. separate. He was not prepared to the articles in all the Chinese news-lie (witness) suggested that we on each of the other paragraphs? withdraw one of the two sum- papers.

put them in afterwards. He said Yes, monacs in respect of the articles.

Mr. Fitzroy: There are more he never blue-pencilled anything, not being censored before publica- than two censors,

and I am putting in this evidence Ition.

to show that he did blue pencil it out.

.

The

Mr. Lo: There may be. witness should be able to answer

Did you see that paragraph at all before it was published?

Mr. Lo: Mr. Fitzroy is cross- examining the witness. I submit that Mr. Fitzroy is bound by that answer.

the question without your assist- Mr. Lo (to witness): Would it ance, Mr. Fitzroy. I am going to be fair to say that no one could

In answer to further questions, put the question and if he does not have added this ruling to the know it, he should any so. I am paper afterwards, and that your witness said that he read the proof

huppen.

WHEN FEVERISH OR IN PAIN There Is Immediate Relief And Comfort for Children In

BABY'S OWN TABLETS.

The health of infants and little.

lle pointed out that the prosecu- not going to accept what should chief reason for thinking that is, carefully and did not see the children is subject to rapid that you did not do it yourself?article when it was submitted to changes, and mothers should not

Witness replied that he had no means of finding out if everything was submitted.

It is quite an easy matter to add a him, few strokes afterwards,

Are you prepared to say that in this particular case it was filled in afterwards?--Yes, I am,

How can you tell that? That is what I want to know?--I can' re- member that I did not rule that space out.

Witness also said that if he had delay at the first sign of fever- seen the paragraph in question helshness, with chills and flushes. would have struck it out on the Baby's Own Tablets, promptly ad- ground that it was anti-Japanese. ministered when these symptoms are noticed, will oftan avert neri- ous illness,

Cénsor's Experience,

Summoned as a Company.. His Worship next dealt with the names of the partners of the print ing firm which produced the paper.

tion could not summon a firm. He said that they must summon á eor- The question was again put to poration' or a limited company or witness, who did not seem to an individual forming part of a understand. His Worship then Arm.

suggests this question to the wit- Mr. Fitzroy; I have summoned ❘ness: The law is that everything him as a company. No evidence must be censored. Is that, in fact, has been brought before you that practised? they are not a company, They

In answer to his Worship witness "My little boy' ten months old have answered the summons as a

said that he had been censoring was threatened with fever," says company and no evidence has been

You remember that on June 7, newspapers for three years but Mrs. Henry Turcott, of No. 8 Sem- offered by anybody that they are

Mr. Lu then reminded witness 1928, that on April 30 of that year could not say what was the under: inary street, Barre, U. S. A., “and not a Company,

that at the last hearing one of the you did not rule a certain space standing as regarde initials and was very nervous and restless. Mr. Lo This is not the stage disputed points between himself out on a paper. You must have a crosses between the S. C. A. and I gave him Baby's Own Tablets at and witness was whether the blank marvellous memory-better than the various newspapers. That was night and in the morning he was Mr. Fitzroy: The time to plead spaces in a "proof" copy was filled anyone I know. "no jurisdiction" is at the be-up by a cross prior to the com- His Warship: Unless he has His Worship: Have you had much better. I always use Baby's ginning of a case, not at the end (mencement of the present case. made it a practice not to fill up any occasion, prior to this one, Own Tablets when my children. of it.

Witness had said that blank spaces blank spaces.

where you omitted to initial or need a simple, remedy, and they Mr. Lo: It is not a question of were not marked with a cross at

Mr. Fitzroy, in re-examination, strike out a paragraph in any take them without trouble.#ht jurisdiction at all,

all. Mr.. Lo also reminded his dealt with the very last document paper which you found afterwards, Baby's Own Tablets are a pleas His Worship said all he wanted Worship that the very article com- produced by Mr. Lo, and asked: had been published? Yes I have ant and absolutely safe remedy for was the names of the partners of plained of was shown in a rough Do you say that these marks on seen other occasions.

Infantile' disorders of the stomach the firm, to which Mr. Fitzroy re- copy submitted to the censor and there are not your marks?

Mr. Fitzroy: What does he and bowele, also for teething trou plied that all he had was that the that the latter had stated that the Witness: No, they are 'not. mean by that?

bles, croup, "colds, and to expel Arm was registered in the News-article was printed in afterwards, At this stage Mr. Fitzroy men. Witness: I have. seed papera paper Office as the Chung Fat. Handing a copy of a paper oftioned that the matter has taken which contained articles which did worms. Chemists everywhere abll His Worship: Can't you give April 30, Mr. Lo pointed to several a serious aspect and that it was a not appear on the copy which was them, or post free at 60 cents the vial from The Dr. Williams' Medi- the names of the partners, Mr. Lo7large crosses on blank spaces and question of forged, document and submitted to the censors.

Mr. Lo: Why should I? I am asked witness if he had put in fraud, to which Mr. Lo added the Mr. Fitzroy at this stage ex-cine Co. 80, Klangse Road, Shang- not here to assist the Attorney those crosses, Witness.duggested further possibility that it might plained that only one proof was Thai..

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