1928-06-15 — Page 2

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THE HONGKONG TELEGRAPH,

THE CENSORSHIP CASE.

DECISION TO BE GIVEN NEXT WEEK.

CLOSING ADDRESSES.

1,

to

The case in which the Hongkong Sun Po was summoned for pub- Hishing two articles on May 9 and 10 respectively, calculated Induce persons to refrain from dealing with the Japanese and also for publishing the articles without their having been duly passed by the Censor was brought to a close yesterday afternoon, when Lt. Col. F. Eaves, D.9.0., acting First Magistrate, announced that he would give his decision on Wed- nesday next.

FRIDAY, JUNE 15, 1928.

Mr. Lo then read Clause 2 of the Emergency Regulations of 1922, which stated "On any occa- slon which the Governor in Coun- cil may consider to be an occasion, of emergency or public danger, he may make any regulations what- soover which he may consider de- sirable in the public interest."

Blank Cheque,

Mr. Lo pointed out that this was a sort of "blank cheque" given to the Executive, and must be con- strued strictly. The construction was that the power, to make these regulations should only be exer- cised during occasions of amer gency or public danger.

Continuing, Mr. Lo said that Mr. Fitzroy had time after time re- ferred to the regulation reading "Any regulation made under the provisions of this section shall continue in force until repealed by order of the Governor in Council. Mr.. Lo submitted that one myst At the close of evidence, construe that sub-ecétion in a réa

Bald that Mr. Fitzroy

the sonable way and that the only rea first charge was that they (Sun Pol sonable construction was that had printed some papers without during an equivocal period that submitting them to the Censors. is a period when opinion was divid The second was that the defen-ed as to whether a state of emer dants did publish and distribute agency existaithe executive al- newspaper calculated to induce lowed it to remain for its own some persons to refrain from deal-convenience. ing with some other Individual or persons..

A Rule Ignored.

As regards the censoring, Mr. Fitzroy said that they had evi- dence that certain things were censored and also that certain things were not. They had evi- dence that the rule was deliberate ly put on one side and that in order to try and cover up brea- ches of the law they sent the proofs to the Censors occasionally or at a later date.

As regards one of the exhibits, Mr. Fitzroy suggested that the Censors should be believed and pointed to the printing of the ar- ticle in dispute, which was print- ed sideways. Mr. Fitzroy said that it was quite possible that someone had been interfering and had altered the document after wards.

Reviewing the evidence of the Censors, Mr. Fitzroy said that they had definite instructions in April that everything had to be censored.

Mr. Fiznoy added that in ad- dition to warning the Censors, the Editors were warned in May. The defonce's witness has said that he was not at that meeting and that somebody told him afterwards not to use violent language. It was in the highest degree improbable that the article which appeared sideways in the proof had been submitted to the Censors at all, and on the other hand it was to the highest degree possible that the Censors' recollections were correct. He repeated that the do- eument had been tampered with after it left the Censor's office.

The Slogans.

In England, said Mr. Lo, and everywhere in the British Empire, one would find that the only "bul- wark between the Executive trying to usurp power, and the public, was the Bench, and he asked his. Worship that he should not give. any countenance to the section referred to by Mr. Fitzroy, having regard to the preamble.

Continuing, Mr. Lo stated that there was and must be some limit to judicial ignorance, and he said that his Worship did and should know that there was at the present moment no state of emer- Kency to justify the regulaticas. In times of trouble and danger to the state, one's liberty, and one's freedom should go overboard for securing the greater end of nation- a safety; but when that danger had passed there could be at least two views possible if the Govern- ment tried to rush through a law to censor the Chinese press...

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Mr. Lo next pointed out that in every civilised country one would find laws against sedition, ob- scene, scandalous or libellous publication. He asked his Wor- ship whether it was feasible to imagine that no protest would be gulations were valid and that his voiced if the Government tried to client had committed offences un- "censor the Press, to muzzle the der both sections. He asked his Press and to prevent it from hav-Worship to dismiss the case as the ing any freedom." He said that matter was very trivial indeed, He pointed out apu would expect at least more having regard to the surrounding than one voice brought against it circumstances, in the Legislative Council. The that his Worship bad that au- regulations were passed at a time thority to exercise his powers, and of emergency and for that reason quoted the section in question." alone is Worship should not be guided by the sub-section quoted by Mr. Fitzroy.

The reason why he invited his Worship to exercise that power was that after hearing the evid The next point brought by Mr.ence his Worship must realise the Lo was that, assuming for the pur-hardships the papers had to under- pose of argament, that the Ordingo, due to the idiosyncracies which auce was in force, it, was against the Censors exhibited. There were the Royal Instructions, which two men on duty, one from four were to the effect that the Govern- to six and the other from six to ted to the Censors on May 9, butment of Hongkong was not to past eight in the evening, and between there had not beer in fact any sub-any Ordinance which would sub the two men all the papers in

ject a person not of European Hongkong had to be read. mission of the actual words;

birth or descent to any difficulty

With regard to the slogans, Mr. Fitzroy anid that they were some- what similar to what was submit

papers in Hongkong,

Dealing with the words "All of which a person of European de- The Tainan incident, said Mr. us who wish to maintain our - scent was not subjected to. That Lo, was a matter of great and tlonality must refrain from using being so were not the regulations personal interest to the Chinese, Japanese goods." Mr. Fitzroy said that that was directly against under which his clients were sum-and there was no reason why the the regulations, as they did induce moned ultra virca? If an Ordin- Chinese people to refrain from dealing ance was passed saying that the eatering for the Chinese public, Chinese papers and no other although in a British place, which with certain other people. It was addressed to the public and it ask-papers and no other papers were was neutral after all, should not to be censored, there would be give a dispassionate account of od them to refrain from business. more than one voice in the Legisla what had happened. Was

Mr. Fitzroy then quoted another tive Council wanting to say some any reason why they should not extract which stated that all thing about it,

advocate or propagate a boycott? Chinese "must be unanimous and relations with Bever economic

A Boomerang. Japan," and argued that that also

The severance of economic re-. could be said. to be tending to

Colourable Argument.

He asked his Worship to dis miss as colourable the argument

there

persuade people to refrain from that the regulations were not /lations might be a boomerang, but] doing business with the Japanese. directed against the Chinese and Mr. Lo asked if there was any Addressing his Worship Mr. Lo only against Chinese newspapers, solid reason why the Chinese said that he proposed to say a few le pointed out that the papers should not advocate it? He drew words in submitting that the re- were not published by Europeans special attention to the surround- gulations were ultra vires. He and they knew that the Editors ing circumstances. There were asked his Worship to look at the were all Chinese. "Ie there any actually articles in the local Chin- preamble of the Ordinance and constitutional right," asked Mr. ese papers advocating war, and drew attention to the words "On Lo; "why Chinese papers should endless articles on boycott and occasion of emergency or public be censored in Hongkong and no severance of economic relation- ship. Why should the Govern danger." He said that that was other papers?" the only occasion on which the Continuing, Mr. Lo said that he ment singlo out the Sun Po for Governor in. Council could and would next assume that the Or-prosecution? ahould make regulations.

diarance was valid and that the ral

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SEVERAL DAYS SAM *GUZZRAVE HAD A SWELL TIME NURS- ING THE PUFFED UP FOOT OF THEIR NAG,B BY ALBERT DURING A

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.

(Continued on Page 11.)

That's True

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