1928-06-12 — Page 9

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THE HONGKONG TELEGRAPH,

TUESDAY, JUNE 12, 1928.

ther the audience thus addressed was so excited as to bring about disorder and violence.

HRAD OFFICE:

.......Fr. €8,400,000.00 .Fra..72,000,000.00 F. 89,861,3IRIS

SEDITIOUS LITERA-China were so concern of ours, and it was all to the credit of the TURE CASE.

Colonial Government that it should dcairo to discourage people from

Ho submitted that difficult as using this Colony as a hot-bed of the meaning was to him and others. BANQUE DE L'INDO-CHINE. THE RIGHT OF JURISDICTION. |intrigue and disorders. It

Was who had taken the trouble of go- always the wiser course to do so. ing through the contents, the Mak Yuen, the man who figured But against the two rival claims documents wore a hard task for Pale Capital

90, Boulevard Ramamann, l'able. hat-smashing thus presented, namely the sympa- those who sought to understand Bubbed Capital iri the recent incident and who had already thy that was due to China for her them in the crowd of illiterate Reserve Fund... Berved a term of imprisonment on nspirations towards national unity coolies who made up the audience refusing to pay compensation, and independence on the one on May 22, and in any case the the necessity of audience were not being, incited was again before Major C. Will hand, and

'of the son yesterday, charged with two preservation

peace in a "matter of State" concerning additional counts arising from the and good order of tile Colony Hongkong.

ather,

problem possession of documents of an on allegedly seditious character. He was set up which rendered the was represented at this hearing task of the Court a difficult one in by Mr. Ilin Shing Lo, whe was dealing with such cases as this. instructed by Mr. J. M. Hall, of Messrs. Lyson and Hall.

TOY TALKS Dear Children,

You should see which was really my little master

He's a fine big boy strong and

healthy and always happy. Of course he gets

the

л

Major Willaon: 1ece "Japanese and other Imperialists" mentioned

here.

יד

BRANCHES,

NOUMEA PAPETTE

PEKING

INOM-PENTI

PONDICHERRY

DANGKOK BATTAMBANG GANTIO CANTON

DJIBOUTI

FORT-BAYAND

BAIGON SHANGILAI BINGAPORE

"TIENTSIN

HAIPHONG

HANKOW

HANOI

HONGKONG

MENGTZE NAM DINH

ODIANE

YUNNANFU

BANKERS:

In FRANCE:-Comptoir National d'Excompți de Paris: Credit Loonaal: Unaque de Yaris et das Faye-Bay; Societa Grasrul

1.

Union Dank of Enginod, Ltd: Comptoir Navonal d'Pacompta de Paris, Grødli

Counsel: That is in China, your Not Colony's Concern.'

Worship. I ask your Worship' to Turning to the documents, deal with it in a liberal spirit, Mr. Hin Shing Lo said that the

one of narrow criticism. first of the two remaining charges Counsel then said they were do not was of unlawful possession of cuments published fa Hongkong Assuming that it was inflamma fourteen pamphlets containing calculated to disturb or tending tory, it has been laid down in other is LONDON--The National Provincial and seditious matter, and the second to disturb not the local Govern authorities that an act of breach

Lyennis, ment but the Government of some of the peace against one or more is not necessarily considered as an act of sedition against the to the first, wan of possession of foreign Government. those documents which were cal-

local Government, still far less as culated or tending to persuade

a consequence of the circulation people to refrain from dealing

of those pamphlets. with persons in the course of trade, or to do acts calculated or tending to cause a breach of the peace.

an alternative

Major Willson: It is more than that. It is calculated to the in- citement of murder, to interfere with the due law or good order of this Colony.

NESTLE'S guilty made during Counsel's ab-shek or Chang Tso-lin or one or a late stage in the proceedings and

acnco,

law.

In NEW YORK:-J. P. Moive & Co.

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HEAD OFFICE: HONG KONG.

COURT OF DIRECTORS

A. H. Compton, Bra Chairman,

N. 8. Brown, Esq.

W. Patienden. Eng.

W. H. Dalt, Hun. Mr. F.

With

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J. A. Plummer,

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T. G. Win, T

Hon. Mr. O QB

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A reception to celebrate the opening of the new St. Francis Hotel was given by the board of directors yesterday afternoon. There was a large number of local residents prosent, the guests being

the Manager,

received by Mr. C. W. Hannings,

.

The Colony's latest hotel is occupied by the Astor House Hotel situated in the premises formerly

and contains in all 40 bedrooms including accommodation for mar- couples. The furniture

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HONGKONG SAVINGS BANK.

„The Boxiness of the above Dank is con die NG CORONGAONE AND SILANGIZA BANKING CORPORATION. Rules Hay be obtained, on application..

FOR THE HONGKONG AND SHANGHAI DANKING CORPUKATION,

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There must be evidence of a widespread effect over à largo, Mr. Lo: I am going to say that area in Hongkong to connote a ST.

effect. The audience it has not that effect. I am going seditious Counsel aubmitted that the to satisfy your Worship that al-themselves had not been excited Court had no jurisdiction to try though they were documents pub by it. the defendant on those two lished in the Colony, the matter

New Charge An Afterthought. charges, but before doing so, he dealt with was one outside the would ask his Worship'a permis Colony and therefore outside the Dealing with his third and last sion to dispose of a question, jurisdiction of this Colony point, Counsel alluded to the new namely the defendant's idea of Whether it concerned Chiang Kai-charge which was introduced at

other of the military leaders of which Counsel regarded to be an China, nevertheless it is not sedi-afterthought and a measure to MILK FOOD Counsel had instructions now

to apply for the plea to be within at all, according to British catch his client should the original charge fail. He perceived in so that accounts, drawn and a plea of not guilty entered in its place, and he set

His Worship: Could it not be this evidence that the prosecution for it. It is the out the circumstances of the case sedition against some other coun-position and also evidence that had not been confident of their na follows;

try?

they recognised that the old charge best food for all

Mr. Lo: It may be that or more, could not stand on its own lega. as far as that goes. But it cannot "But the prosecution cannot have ried Children

be sedition against the Govern it both ways," remarked Counsel. throughout is entirely new and the ment of Hongkong. Your Worship By the exercise of legal in-comfort of the boarder has been will look, and look in vain, for genuity the Law officers had suc- the first thoughts of the manage- Golly Golliwog

any reference to the local Govern- ceeded in evolving a now charge net. ment in the translations of those which was nebolous' and couched The board of directors comprise HONGKONG OFFICE: 11, QUEEN'S ROAD, fourteen documents which but forin vague terms. It made no men- the following: Messrs. G. K. Hall two or three errors are perfectly tion of Japanese goods, and was Brutton, H. P. White, W. J. Stokes, good translations, and acceptable. meant to be covered by the C. W. Hannings, Yung and Mrs. Emergency Regulations Ordinance Chan, The staff is: Manager, Mr. "Imperialists."

Hannings: Chief Assistant, Mr. G. Counsel read in those docu- As it stood, the original Wu, Superintendent, Mr. J. C. n plea of guilty, or if one such had

endeavour to chargo was framed under the "Roddy") Rodrigues, Clerk, Mr. F. been returned under those cir-ments, firstly an cumstances as detailed by the de-draw the attention of certain see-Emergency Ordinance of 1922, and X. Pereira, Housekeeper, Mrs. J. BRANCHE-Basfarmasin, fendant, it was an informal, amtionis of Chinese, and secondly, Mr. Lo commented as singular Charlston.

that the prosecution an endeavour to deal with Chiang the fact biguous and imperfect plea.

Kai-shek in a very violent man should have ignored that this Decision Confirmed.

nor" But Chiang Kai-shek was a Ordinance was dead letter, politic) figure, the head of some that

had been repealed clear Government in China, and in Hong- and was in fact amended that allkongwe.

concerned and substituted by the Emergency INVITATION FROM SHANGHAL proceedings based OR imper-with any foreign Government. Regulations Ordinance of 1925. fact and ambiguons pleas The documents also referred to

Ordinance "Ultra Vires," must be irregular, and although Chang Tso-lin as the "running the defendant in the base had been dag of the Japanese Government." Having utilised the Ordinance of convicted and had served a term Admitting that these were attacks 1922 for their first charge, the pro- of imprisonment, that conviction on Chiang Kai-shek, Chang Tso-section now sought to utilise its must be quashed. The damage in and the Japanese Government, successor of 1925, as well for

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To The

"Hongkong Telegraph"

Address.

.ICE HOUSE STREET.

(BEHIND HONGKONG' (ELECTRIC CO., SHOWROOM)

Defendant was charged with head- maliciously damaging the gear of two travelling traders, and in reply thereto, he admitted, in one case, that he mistook the wearer to be a friend, and in the other; he tank the hat and while holding it in one hand, asked the owner not to wear anything that came from Japan.

That was the plea he made, and Counsel submitted that it was not

011

The Jaw was quite

this, inasmuel:

had however been done, and short of amends being unde same other way, he would ask the Police to award compensation to the defendant for the seven days' | Imprisonment.

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Hongkong, 80th July, 1927.

MALAFIT.

Mr C. J. Turchi, the Bon. Seerendon Dankeri-National Provincial Bank. tary of the Hongkong Lawn Bowls Association, has received a communi- cation from the Hon. Secretary of the Lawn Bowls Association at Shanghai howlers be sent to the Northern port ashing that a team of Hongkong new charge. Now, this for the annual Interport match. It with such attacks on other par- Emergency Regulations of 1925

is suggested that the game shoutd were bad being dra vires for

he played some time between Sep- the reason, Counsel submitted,tember 1 and 15. Major Wilton: It refers, that the state of emergency which The letter will be placed before the erally, to "Imperialists."

had Caused the

ordinance's next meeting of the Hongkong Lawn . into coming His Worship: I am inelined in Mr. Lot That I submit, is the

existence Bowls Association, and it is almost Capital (fully paid up) not think that the police would not only point on which your Worship. Was

then present

or certain that it will be decides to narra Fund.... like to do that. The defendant had can consider,

now. Unless, Hongkong was in send a tram. In the meantime, Clubs

representatives a state of emergeney, which can-

would do well to note pleagled guilty not to one but to Counsel suggested that the term

the form of possible Interport candi- all of the original three charges. perialists did not necessarily not be said to be the case in 1026

dates in their teams in order to be Queting authorities on the sub-connate any seditions mitt.ning or now, the Ordinance was

prepared to submit names when the good in law.

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jeet, Mr. Le argued that the con-as it was freely used even in the viction had been sustained only English papers. The last thing

In consideration of those two. by an immerfert plea, which hudley would read from these decu-points submitted (firstly) in regard surrounded the circumstances de-ments was an incitement to rebel- the point of jurisdiction, and ferdant wished to bring forwarf, lion in Hongkong-it was merely sendly, in regard to the Ordin- with ambiguity. The conviction. an eaeavour to draw the attention ance being ultra vires, Counsel therefore was bad.

to certain grievances, which, eer, asked his Worship to dismiss the

defendant on FILIPINOS WITHDRAW FROM Harbo His Worship disagreed, and contain undefined parties had gainst case against the

LEAGUE. those two charges as being bad | Chiang Kai-shek, Chung Tso-lin or frined his previous sentence.

the Japanese Government. The in law.. Jurisdiction Questioned.

The Hon. Socretary of the Hong His Worship anie he preferred kong Lawn Tennis Association rest of the docuntenta was nothing more than an historical record of to hear the evidence of the pronounces that the Filipino Club have Dealing with the two remaining past and recent events in China.secution before giving his decision. withdrawn from the League. charges respecting the possession "I don't think your Worship will Sergeant Major Wong Lau was of seditious matter, Counsel said disagree with me that these docu-called and in the course of his his client admitted physical posments on the whole, is published evidence, said that when arrest session, but that was beside the against some foreign countryed, the defendant remonstrated point on which he desired now to commented Mr. Lo.

with these words. '."You are not address.the Court.

an Englishman, you are a Chinese, Authorities Quoted.

you should not arrest me." The pamphlets were found in an um- Referring to a Home authority, brella which defendant had hook- emanating, from a caso in 1906, ed on to one arm, but he was not namely Rex. v. Antonii, Counsel distributing them.

The case was adjourned until then quoted: Documents publish

This was that the Court had no jurisdiction to hear those two charges. He had gono through the translations carefully, and while inviting his Worship to do the same, asked his Worship to view them in 'n liberal spirit and in this country and calculated Wednesday afternoon.

to disturb the Government of Home

not in one of narrow criticism." foreign country is not seditious His Worship was not to be bound libel or punishable as libel at all." by any decision or remarks which Putting it at the other Magistrates who had been value, the documents might b

very highest henring such case since the Tal-assumed as libel against a personal nan incident, had seen fit to deliver. sovereign, and in a position re They had said that wo were not presenting or corresponding to concerned with any political quar-such, it was for Chiang Kai-shek, rel in China, that we were con- Chang Tso-lin or the local Japanese cerned purely with the duty of Consul to go into the witness box preserving the peace and good or- and proceed against the defendant. der of this Colony. That view hud Said Counsel: "We can't make ill- been warmly supported by the local use of our Ordinances to cover Press, which assumed that such cases concerning them." people who were brought up had,

· Counsel saw as the only solu- committed a breach of the peace tion to the problem of the Court, and good order of the Colony.

the appearance of all three parties "We Counsel now asked his Worship in the Court to prosecute. to exclude from his mind the would love to have the local proceedings in such cases, so ably Japanese Consul appearing in the reported by the energetic and witness-box to give evidence. intelligent reporters of the local We cannot go out of our way and Press, but concerning which there help them when it is not necessary had been a misconception abroad caused by what Counsel regarded

to'da 'so."

יי

Linbility of Defendant.

as ignorance of the legal position. The second point dealt with by To begin with, Counsel was all Counsel was the liability of the out to agree with the other Ma- persona who circulated the docu gistrates and emphasize on, the ments, and on this he found that fact that any political quarrels in lit depended on the question whe-

DO YOU WORKS?"

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MAGISTRATE AND SIR ALLOM.

H MONE Hongkong, 18th March, 1998. Maziar

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Two witnesses stated that he passed a police constable's algnal, World and nearly collided with other vehicles.

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LOOK FOON Shan, the police constable. He asked

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Sir Charles suggested that the police constable was bad

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The Magistrate-I don't 'beliovu

Sir Charles Then it is not the alightest use my giving further evidences

The Magistrate said that Sir Charles had convicted himself.

Sir Charles-Can I appeal 'against this?

The Magistrate-You can peal to whom you like..

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