1938-06-24 — Page 7

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THE HONGKONG TELEGRAPH, FRIDAY, JUNE

THE 'OUTRAGEOUS' LAW OF

Amending Bill Re-drafted

ACTION BY EMPIRE PRESS

UNION

After criticising injustices in the present law of libel, the Empire Press Union, at its annual conference in Lon- don, unanimously passed a resolution urging its Council to take every possible measure to have the law amended.

The conference, over which Major the Hon. J. J. Astor presided, suggested action on the lines of a re-drafted bill drawn up by Mr. Valentine Holmes, the well-known coun- sel: "Not only to remedy the patent injustice of the exist- ing law, but for the greater security and liberty of the Press, both at home and in the Empire."

It was reported that the to crid in almost complete disillusion- Council, instead of re-introduc- ment,

ing the Parliamentary bill drafted by Mr. Kenneth Hender son, decided to obtain the advice of Mr. Holmes, who in his writ- ten advice to the Union stated:

"I do not think it will, but some- times one wonders. Then we sud- denly realise that, in the midst of all

British this, inside the wealth there is a miniature league of

free and equal natioris.

Common-

"To anyone who has a fair pract tee in this branch of the law, the j "It we cannot make our Common- prosent law is an outrage.

wealth, our co-operation, our part-

по

"Almost every day I have to ad-nership a success, then there is

hope at all of the 50 or 60 other

vise clients who have an obvious nations, with their rival intercats and grievance that they have no remedy, different temperaments and charne- whereas I advise clients who have teristics, making the larger League of not suffered a pennyworth of harm Nations a success. that they are certain to secure largeį damages.

ABSURD ANOMALIES "Moreover, I constantly have to ad- vise clients

pay considerable rums in settlement to persons whose reputation not worth a farthing, because of the absurdity of the rules! as to mitigating darnages,

"Broadly speaking, I think that the law ought to be raditally altered so as to give a cause of action.

1. To persons who have suffered about their private life when Le private e of the persons referred to is of no public intrest; and

2-Te traders who have had false statements maliciously made about their products ar business although no actual financial loss can be proved.

"On the other hand, an ordinary setion for libel should not in my view, lie where the defendant can prove that he has been neither mali- cious nor negligent and is

prepared

"But if we can maky our little League of Nations a success. it, may'] be that the methods and machinery and procedure by which we are sue- cessful will serve as models for the ultimate success of a league of all

to make amends by way correc- tion and apology; nor should a posse son with no reputation be able to

get damages on the same fooling as

if he had had a good reputation, Į which he can do at present

A LEGAL INJUSTICE

peoples of the world.".

Back to

LIBEL

in

Simple-ceremonies marked the induction into office, Dublin, of Dr. Douglas Hyde, Ire lard's first president under the new constitution. Dr. Hyde, talented Gaelic Scholar,, tooit his oath in that language. He is shown, centre, with Prime Minister Eamon de Valera, left, and Sean T. O'Kelly, Irish tender, leaving the government building in Dublin.

Law of Moses in London Court of 1938

RABBI JUDGES OF UNIQUE MAN

THE BETH-DIN

Five days a week time turns back nearly 30 centuries

in a building which stands at the edge of Aldgate, in Mul-

"It is, of course, hopeless to

at-berry Street, E., midway between the uproars of Mile End tempt to secure an adequate reform and Commercial Roads.

of the law of libel at, the present time.

י

"This is in my view due partly ignorance on the part of the publi of the injustice done under the law

Recently, writes a reporter, I listened to cases being settled according to the Biblical law of righteousness by bearded, black-capped Rabbis precisely as their predeces- as it now stands, and partly to the tendency of newspapers on oc-sors used to settle them at the gates of the Temple in the casions to publish paragraphs which are offensive to good taste, whether days of Solomon.

libellous or not."

"We have a tradition that a court of this kind existed in the

Sir Stanley Reed, India, the newly time of Moses,"I was told by Dr. Asher Feldman, who was pre- elected M.P. for Aylesbury, who moved the resolution, pointed out that there had been only one or two siding in the absence of the Chief Rabbi, Dr. J. H. Hertz, as chair-

cases of invasion of privacy by the man of the four Dayanim, or judges. Press, and the vast majority of news- papers had retained the dignity which was an honour to the craft,

NO COMPULSION

"Because MPs have run awayment is the name by which the court"

ing one or two offenders by name, it

"I hope in future that mention will;

be made of the actual newspaper which has committed an offence."

Dayanim are religious teachers well as judges,

13

Finally all four, Dayaaim and both litigants argued together in a two-

AND WIFE CONTRACT

Deed That Provided

C

For Divorce

1938.

E RADIO BROADCAST

Relay from London Of Second Cricket Test SCHUBERT SYMPHONY

Radio Programme Broadcast by Z.B.W. on a Frequency of 845 k.e's and on Short Wave from 1-2.15 p.m. and 8-11 p.m. on '9.52 m.c's per second.

12.00-12.30 p.m. Relay of Service from St. John's of Intercession Cathedral.

12.30 New Mayfair Orchestra with Richard Tauber (Tenor).

Songs Everybody Is Singing; Intro: -Live, laugh and love; By the fire- side; He played his Ukulele: One more kiss; Somebody loves you: Dick Turpin's Ride to York; What makes again to Orchestra: (From the Operetta

Leha

you so adorable; Back happy-go-lucky days

Italy

Love

Girls Were Made

the Lehar-A.

Made Operetta

And Kiss (From

Of

"Paganini"-Franz Herbert....Richard Tauber; Hits The Moment; Intro-Ive got you under my skin; Goodnight, my love: May

I have the next romance with you; Boo-Hoo; Pennies from Heaven; When my dream bout comes home.. Orchestra; Ach Manche Vergan-

the Nacht (From

Opera: gene "Rossini in Naples"); La Danza- Schon die halbe Nacht verfolgt mich eine kleine Melodie (From the Opera: Memories:

"Rossini In Naples"). ... Richard

Dance

Tauber; Jubilee Intro: Dardanella; I'm forever blow- ing bubbles; How ya gonna keep 'em down on the farm; Coal Black Mam- my: Avalon; The Sheik of Araby: My Sweetie went away: What'll I do; Horsey, keep your tail up.... Orchestra.

1.00 Time and Weather. 1.03

Latest Variety Numbers (Vocal and Humorous).

Orchestra with Vocal-"Hollywood Hotel Selection; Intro: Hooray for Hollywood; Silhouetted In the Moonlight; Let that be a a lesson to

I've hitched you;

my waggon to a stor. Louis Levy and His Orches- tra with vocal refrain by Eve Becke and Gerry FritzGerald Vocal-I Love To Whistle (From Mad About Music'): I'll Take Romance (From the

Film)....Betty Driver with Or chestra: Humorous-Film Fans' Fare (Impersonations of tamous Stars).

Michael Moore (Imper- sonator) with effects: Organ Sole- Dixon Hits No. 21; Intro-Tears in my heart; In my littl red book: Once: in a while: The pretty little patch- work quill; The girl in the Alice Blue Gown: Don't ever change. Reginald Dixon (The famous Blackpool Or- gonist): Band-Dainty Lady (Wright arr. Arthur Wood)....Callenders

1.30

Senior Banter

Fim

Reut and Rugby Press, Weather Announcement.

and 1.40 Rachmaninoff-ricerto No.

2

in C Minor, Op. 18

Playd by Serpel Rachmaninoff (Piano) and the Philadelphia Sym- A deed of covenant, entered phony Orchefa conducted by Leo- into by a husband, which pro-pold Stokowski,

2.15 Close Down. vided contingencies in the event 6.00 An Hour Of The Latest Dance of the wife bringing a divorce Music. suit,

described in the TaDance-Marie (Berlin)-Fast Chancers Division as the first Tenge Practice Record: Sleepy Time Gol (Alden-Egan-Lorenzo Whit- document of its kind ever to being-Slow Tempo Practice the subject of legal proceedings, Victor Silvester and His Cro

Orchestra: Waltz-Little Anne; The hearing was continued, before mezzo Who Cares?

Inter-

Mr. Justice Crossman, of the action | Accordion Melodiars,

(From "Polie?

brought by Mrs. William Lurie, of Resalie (From the Film); In The

Still Of The Bournemouth, to enforce a deed ca-

Carroll Gibbons and the Savoy tered into by her husband, Mr. Jacob Hotel Orphans with vocal chorus: Lurie, furrier, of Hove, Sussex.

In Harlem; Style Midalte Swing, Night Time

Eddie Car- In Cairo Mrs. Luric's case was that in July, and his Swingphonic Orchestra,

os Tiempos

Condena. The Beth-Din or House of Judgminute crescendo from which sud- 1936, she agreed to drop a divorce Tangos-Viejos Francisco Canaro

..Orquesta with vocal

ocal refrain; Fox-Trot-Let from the responsibility of mention-is known, and men keep their hats denly, like an apparition of the Dove Pelition on her husband entering into

Us Be Sweethearts Over Agai

My has reacted against us very much," on because it is a holy place and the Peace itself, issued the calm vnice a deed of covenant requiring that:

of Dayan Feldman: "It is settled!” If at any time hereafter the plain-Quickstep The Gypsy In

Nat Gonella and His Georgians Sir Stanley added,

Judgment was pronounced, and

tiff should commence any matrimonial with vocal

ical refrain by Nat Gonella; defendant Fox-Trots Something To Sing In the simply furnished room was with bows and thanks the litigants, proceedings against the

which smiling as if each were the victor, founded on an act or of adultery About (From the Film): In My Little strange atmosphere,

...Mantovani committed hereafter with the woman Red BOOK with a chorus; Too and His Sir Percy Hurd, M.P., said that human frailty was dealt with in left the room amicably together. sunfortunately there has come about sympathy by religious authority.

The whole procedure. had taken

named in the first suit, the defend-renestra True (From The Sky's The first case was landlady against only five minutes, though com-art shall... assign to two persons The Limit'); The Pretty Little Patch- Both climbed quickly with pleated by the fact that the tenant's to be nominated by the plaintiff all work Guilt....Jack Wilson and His

Versatile Five

vocal refrain; with confident expressions to a dais along wife had seriously slandered the his interest in his business premises

at No. 30, 'Western Road, Brighton. Slow Fox-Trots Tears In My Heart; You're A Sweetheart (From the The deed went on to provide for the 2)...Carroll Gibbons and the Orphears with vocal 155ignment of the business to the Savoy Hotel

Waltz-On The Sunny Side plaintiff should she obtain a decree of The Rockies....Ronnie Munro and for its reassignment to the de- and His Orchestra with vocal refi

refrain. fendant should she fail to do so.

7.03 Gilbert and Sullivan Excerpts. "The Pirates of Penzance" Stop, Ladies, Pray.

and Chorus of On! Is There Not One Maiden

an intrusion of what one could cali "the lower grade American method."

on --

It has caused a reflection section of the Fress, and has with drawn from a large section of the House of Commons that sympathy for the Press which otherwise they

would feel," Sir Percy added.

CASE FOR REFORM

瀑

tenant.

ihe front of the Dench.

They took no oath. There was no witness-box. No legal compulsion had brought them, and they had no

counsel or solicitars.

Except for three people, including Sir Thomas McAra said the whole ‡ myself, who were present by rare question was that Mr. Holmes's state-privilege, they were alone with the ment showed the utter anomaly and judges. absurdity of the libel-law as it stood at. present

IT IS SETTLED "

The landlady gave her evidence first in a voluble mixture of Cockney and Yiddish, which Jovial protests from the Dayanim failed to stem until she stopped from sheer exhaustion.

landlady.

Other cases followed,, as varied as those heard in the usual magis- trates courts, and each arrived with the same dramatic speed at the same peaceful solution.

A question of Jewish law arosc when a good-looking young man of mixed Christian and Jewish paren- tage came to establish his right to marry in a synagogue

"They had an extremely strong case they for a reform of the law, and ought to press in and out of season for a remedy for "an absurd grotes que and iniquitous state of affairs."

Sir Edward Cunninghum.

Aus-

Then her tenant, long white hair tralis, referring to the libel laws in

they suffered streaming under his hat, and beard Australia, said that

as St. Nicholas's "Our aim is to leave no bitterness most grievously from what he did leg and snowy

"sheer stated his case, every phrase inter- behind, and to conciliate as well as not hesitate to describe

rupted by her hlasings. blackronil."

mankind to-

MODEL FOR THE LEAGUE Mr. Malcolm MacDonald the Secretary of State for the Colonies, gave the conference his views on the future of the Empire.

"The greatest need of day is for a practical Interna- tionalism," he said. "If peace is ever! to be established, the free and equal nations of the earth have got to dis- cover machinery and methods which will enable them to consult and co- operate together and avoid war."

"In the history of mankind all sorts of experiments with that in view have broken down and failed. Since the war we have had the League of "Nations.

Its

won-

"It has had its successes and failures, and sometimes one dera whether that, too, is not going

grievance.

SECOND PETITION

Lovely To Be

chorus;

N.

D. Oldham rcliffe, N.

Last August Mrs. Lurie presente D.

Oldham, E Griffin and

second divorce petition, now pending, alleging adultery with the same Chorus of Girls; What Shall I Do?. "Equity," explained Dr. Feldman,

woman. She now claimed that, under Dere

Derek Oldham; Climbing Over "rather than the letter of the law, is our foundation. We advise paying a the deed, the business should be Rocky Mountains....Nellic Brier- Nelle Walker and Chorus of cliffe, claimant something, even if he is transferred to two trustees.

Girls; "Iolanthe" Iolanthe! From Thy Mr. C. Gallop, for Mr. Lurie, said Dark Exile....Bertha Lewis, Nellic not legally entitled to it, to avoid a

the allegations in the pending petition Briercliffe, and Chorus of Girls; Good

Morrow, Good Mother

Lesile were dented.

Rands *and Chorus of Girls:

Night Mr. David Jenkins, C., for Mrs.

Long. Granville (Bass); In Lurie, said he relied on the words in Sydney

Vain To Us you Plead....Nellie the deed, "should commence any ma- Walker. Allee Moxon, Derek Oldham,

As soon as Darrell Fancourt and Chorus of Girls trimonial proceedings.” Mrs. Lurie Instituted proceedings she Loudly Let The Trumpet Bray. - - was, he submitted, entitled to a Chorus Of Men, transfer of the business.,

settle."

MR. MOLLISON SEEKS POST

MR. JAMES MOLLISON has applied for a post as an instructor in the ILA.F. Reserve, writes William Courtenay, Evening Standard Air Correspondent. His application is

consideration at the Air Ministry. Mr. Mollison is

7.28 Closing Local Stock Quota- tions.

(Soprano). under

藕 former

short-service officer with 6,000 hours Dying experience. He has been an instructor at the R.A.F. Flying Training School at Sealand, Chester.

Mr. Mollison allowed his "B" Licence as a commercial pilot

to run out because he did not keep a log-book of his flying in the

last 18 months. This, however, can be ascertained from the books of the aircraft he has flown.

7.30 Saura by Elizabeth Schumann

Nahe Des Geliebten Op. 5 No. 2 (Goethe-Schubert): Lachen Und Weinen, Op. 50, No. 4 (Ruckert

Mr. Gallop submitted that the deed became operative only if the act of adultery with the same woman was admitted or proved. He declared that no such document had ever been Schubert); Nacht Und Traume. Op.

Z No the subject of legal proceedings be-15 (Collin-Schubert); Selig-

keit (Holty-Schubert). fore: it was unique.

7.40 London Eelay-Food For Thought'.

Mr. Justice Crossman: I agree.

Mr. Gallop Waç arguing that # Three short talks on matters of covenant contemplating the future topical interest.

Eeparation of spolses was against 8.00 Time, Weather and Announce. public policy and vold in law when ments.

the hearing was adjourned.

(Continued on Page 5.)

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