1938-09-30 — Page 24

THE HONGKONG. TELEGRAPH

FRIDAY, SEPTEMBER 80,

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UNDERSEAS KINGDOM

with

"RAY "CRASH

ECORRIGAN

Exclusion of Public From

Court In Murder Trial

MAGISTRATE

EXPLAINS

WHY

ORDER WAS MADE

AT this morning's appearance of Li Man, Mr. R. Edwards made a statement in open Court regarding his decision to exclude the public, although permitting the Press to be present..

I have in view and that with their co-, operation a plain and short-report giving the names of witnesses and. buse outline of the evidence may be given, which would be unlikely to prejudice the mind of any future Juror and at the same time would largely meet the objection thạt 'a possible witness might fall to come forward through ignorance that the accused was on trial.

DECISION UNUSUAL

(who

with murder and having previously determined is salutary and herefore

by

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history's blazing pages comes_this mighty story of courageous love!

Out of

LUCIEN HUBBARD

PRODUCTION.

HAY ROBSON WALTER BRENNAN ROBERT BARRAT

and

JOAN BENNETT .. RANDOLPH SCOTT

"THI

TEXANS

before Mr. Edwards last week, the necesanty to allot three afternoons for justice and it is therefore illegal, and ADDED: “PLAY SAFE” A Technicolour Cartoon

At the curlier appearance of L Magistrate said that the case would be heard, without the public being although the Press were

Edwards

their examination.

"My decision in this case is un- usual, but it is not unprecedented. It has long been the law that mugis- irates have an absolute discretion us On appearing before Mr. Edwards at the Central Magis- to the admission of the publl cto com- mittal proceedings. In fact, in 1811. tracy on remand on a charge of murder, Li Man, alins Li Wal-

It was held libellous to publish

TC porta of the man, 43, unemployed greaser, was further remanded until 2.30

the proceedings at all. Lord Eilenborrough said in R. V. Fisher': p.m. on October 4, when the hearing of the case will commenced.

"The pubileation of proceedings in unrepresented), courts of Justice where both sides Li is alleged to have murder accused a man, named Pun Shing, at the knowing simply that he is charged are heard and matters are finally premises of the Luen Hing been charged with wounding with it is permitted. The publication of Seamens boarding house, on intent to cause grievous bodily harm these

these preliminary examination has that 17 witnesses are to be called a tendency to pervert the publie August 4.

the prosecution making mind and to disturb the course of again, if anything more important "Murder is an indictable offence than another in the adminintention which have no power to take sum-

The accused's guilt or in- come to the trial of those persons marily, nocence will therefore be determined in whose innocence or guilt they are not by me but, if he la committed to decide with minds pure and un-

prejudiced. fore me on remand last Friday. I for trial by a jury.

is unnecessary for me here announced as I fixed the dates for

consider how far this remains good taking the preliminary examination,

as regards the publication et or, as it is often called, the "committai

"It appears that this is a case which any report. But the discretinancy in this proccedings",

case that I should not permit members of the is likely to achieve a substantial power to exclude remains,

two propose to exclude representatives of to be the interests of justice, in fair-in England this year where benches

ness to the accused, that, if he is of Justice decided to use it. the Press. I made the announcement

of committed for trial, his jurors shall case public and Press were excluded, then in order to save members of not be acquainted with any pre-but in the other the Press were al-

great many the public (of whom a were in Court) the troubles of com- judicial details of the case before lowed to remain and published

to this Magistracy on the after-even they begin to hear the evidence discreet account of two preliminary ing

examinations, excluding details Axed only to be turned away, at the Supreme Court.

Ȃ{

would be improper for me to which might well have prejudiced "My decision on this point is made

ared to attend.

"When the and appeared be-

of Justice It Is that Jurymen should

MUCH PUBLICITY

CYBER

to

I

blk to be present, though I did not measure of pubilcity and I consider i have seen reports of

noons

FUNCTIONS AS MAGISTRATE

and

instances

In one

in exercise of my discretion under cite instances, whether in this Colony the mind of any juror reading it, Section 14 of the Magistrate Ordinor in England, but the not infrequent see no reason why, with the co- ence 1932; in order to allay misap cases at Criminal Sessions or Assizes operation of the Press the second is necessary to warn the procedure should not be successfully prehension I think it desirable to where

to give verdiet solely upon the applied here. make clear the principle underlying evidence which they have heard at If the accused is committed for all the admissible evidence my decision,

the

trial, excluding from their mind trial, anything which they have beard or given at the preliminary examina- read about the case before they come tion will become publie at the trial. "The first point to make clear is into Court, indicate suficiently the If not, I for my part, shall have no that my functions as a magistrate are totally different with regard to those possible danger to the accused if his objection to the publication of the

future

uble to attend fullest detailed report after my de jurors are cases which I must determine or electua to determine summarily, and those in the reliminary examination before cision not to commit. which I merely conduct the pre- the magistrate, or to liminary examination, of witnesses giving heard details or

cused for trial at the Supreme Court.aspects of the evidence

FOR SUNDAY AND MONDAY

“UNDERSEA KINGDOM" RAY "CRASH" Ordinance) that the

CORRIGAN

Second Chapter

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Raincoats for Children & Boys also in stock.

Inspection Invited,

The White House, Tel. 21040. 12, Des Voeux Rd., C.

of

t

read

reports

by heavy

a manner

a view to committing the ne-type headlines emphasising certain CHINESE MONETARY

PARLEYS IN U.S. bound consciously or unconsciously "In the Arst case my duty is to to affect the jurors mind. It may

Washington, Sept. 30. determine the gullt or innocence of happen, and has happened, that pre-

Mr. Henry Morgenthau, Secretary ily fudical evidence la admitted at the the accused, and it is very rightly fud fald down, (Section 11, Manirate preliminary examination, and by of the Treasury, announced to-day

gull! or innocence

the publicity becomes known pro- that the progress of Chinese y person must be determined in bably to every juror, and is not monetary negotiations were any Open Court, subject to certain well-subsequently tendered as evidence at sarily

sarily slow

account of the necessity to transmit negotiations to thes, us in cases where the trial defined

is of any Indecent "I know of only one argument in Ching after every decision or

pro- nature.. This principle of trial in favour of admitting the public toposals. Court applies to all courts from the preliminary examinations. It is that He pointed out that the negotia- House of Lords downwards.

valuable witnesses, particularly for tions had lasted some weeks, and "In the second

ense, however, the the defence, may come forward to indicated that everything was

pro- accused is not being tried; my give evidence at the trial as a result ceeding according to routine.-United function is to determine not whether of the publicity accorded.

Press.

Innocent or guilty, but whether

he should or should not be committed for trial at the Supreme Court, He has not been found guilty if com- milled; nor has he been requitted if discharged.

WIDE DISCRETION

"I

now come to my reason

on

EUROPEAN LADY VICTIMISED

neces-

Walking ulong Robinson Road

IMPORTANT CONSIDERATION "This is an important consideration none the less important because suth cases are likely to be rare. I have considered it carefully. That yesterday, Mr. V. C. Clarke, of 3 came to the conclusion that in a caso Robinson Rond, had her handbag likely to become notorious it was snatched by an unknown Chinese. "Accordingly in these preliminary outweighed by the advantage to the The handbag contained money und examinations, a magistrate, in Hongnecused of facing a jury who know property valued at $20.50. kong as in England, is given very nothing, or nothing but a bare out- After Mrs. Clarke had reported wide discretion as to the admission line of the case in advance.

the incident at Central Station, # of the public, which contrasts with

for sanitary coolic arrived with the the very limited discretion in cases allowing in this case the presence of handbag, which was empty. He had which they try summarily.

Press representation, though the apparently picked it up, after the "Section 74 of the Magistrate public are excluded. The dis- thief had thrown it away. Ordinance 1032 which fellows Sec-advantage to the accused of-com- tion 10 of the Indictable Offences mittal proceedings in open court is Act 1848 provides that the room or twofold. First, that a future juror building in which a magistrate heurs may be actually present at the 11 churge for an indictable offence preliminary examination or receive (which he is not taking summarily)

verbal

accounts from persons shall not be deemed to be an open who have.

danger is entirely and it shall purpose, und

eliminated

dealstor court for that

by my be lawful for the magistrate hearing as the staff of daily newspapers the case in his discretion to order are by the Jury Ordinance 1887 that no person shall have access or exempted from jury service, Second, remain in such room without the that a future juror may read a news- His Excellency the Governor has

It consent of the magistrate consen

it paper report of two preliminary pro- been pleased to appoint the follow- of ceedings appears to him that the ends

ngs which is likely to prejudice ing Committed to advise and assist Justice will best be answered by his mind.

the Honourable the Director of doing so.'

"As to

to this, I have been encourag-Medical Services in connection with camps for refugees and should be exercised. is matter for of this Colony have responded to ro-destitutes: the magistrate to consider separately quests made from the Bench in spe- H. King: Mr. B. R. Todd; Miss Aline cial cases not to publish certain F. Kwok; Kiss T. H. Ship; Mr. S. N. "Here I have exercised my dis-evidence, to believe that they will Chau; Mr. Li Kwun Chun; Mr. Tac

In the interest of the readily understand the subject which Ka Po; Mr. J. M. Wong.

This

STOP PRESS

REFUCEE COMMITTEE

APPOINTED

Whether and how this discretioned by the manner in which the Press the proposed Honourable Mr. T.

in each case,

cretion

SUNDAY

A Paramount Picture

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At the QUEEN'S “The King's Visit To France" At the ALHAMBRA "Hankow Air Raid”

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LIONEL

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TO-DAY & TO-MORROW BRITAIN'S No. 1 comedian in a snappy musicAL Y

ITALIAN FLAGSHIP Double Tenth

IN YOKOHAMA

Tokyo, Sept. 30.

The Montecuccoli, flagship of the Italian Far Eastern fleet, is arriving!

Celebrations

*

Chungking, Sept. 30. Owing to the war, only a simple

will be held by the in Yokohama shortly to undergo ceremony repairs according to an announce National Government in celebration inent by the Italian Consulate here. of the National Independence Day, October 10, Centra News learns →→→Domet.

The Montecuccoll, a. modern from authoritative garters to-day, cruiser, was in Shanghal early this As on the same occasion last year. week but sailed suddenly without notice and left half her crew behind.here will be no reception for foreign diplomats en that day.Central Omelals in Shanghai at the time suid Neses. that the warship had sulted for an "unannounced destination."

RESTRICTIONS REMOVED

Quarantine festrictions against

TORNADO AT CHARLESTON

-Charleston, Sept. 20.

A tornado struck the waterfront here to-day and mowed down all frama structures, killing at least 25 and Unturing 340.

Itstimated that the damage

arrivals from Haiphong on account will amount to more than a million of small-pox have been removed dollars-United Press.

Frated and Published for the Proprietors by TiaDERICK PERCY FRANKLIN Wand B, Wyndham Bioeet in the City of Victoria, Hongkong

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