@llt [.otttßponùtnt November 1985
Lawyers Sue libel g,"delines YOU print a story in good faith
and
reasonably believe it to be true, so you are
protected from the legal consequences. True or false?
If you
accurately quote a senior government official's statement about someone, you cannot be sued for libel. True or false? If you report on a criminal case, unaware that an arrest has been made, you are not liable for prosecution for con-
tempt. True or false? If you answered "true" to any of those questions, or even had to think hard about them, maybe you should have been at the seminar on libel and contempt at the Club on October 24. Nearly 60 people turned out to hear assistant attorney-general William Marshall
and solicitors Noel Campbell and Julian Pope sketch a road map through the legal jungle that working hacks must struggle through.
Mike Maclachlan of the Far
Eastern
Economic Review moderated the twohour, off-the-record session, which the participants consented to have reported in The Correspondent. The good news is that the hammer of the law has come down on journalists re-
latively rarely
in Hong Kong. The bad
news is that the potential for legal disaster is enormous and complex and ignorance
is no bliss,
-
With regard to contempt,
Marshall
pointed out, "it doesn't matter that you did not as an editor or a working journalist see the danger." The curtain comes down,
he said, when legal proceedings are imminent in practical terms, when an arrest has been made or is about to be made. One defence, he said, is to show that the journalist took reasonable care and had no way of knowing that proceedings were imminent. But he added: "The burden is on the defence, that is to say the newspaper, and they are the people who have to
-
A matter of security APART from the odd "liberated" umbrella and the occasional "walking" overcoat, the Club is relatively free from problems which might be loosely described as securlty.
The overcoat problem appears to have been solved since we moved f¡om Sutherland House by the simple expedient of neglecting to provide anywhere for members to hang their coats, thereby forcing them to hold on to them and prevent them straying.
However, there has been some concern raised over the question of security, partly by the stupid behaviour of the unnamed person though not necessarily unknown who recently removed all the pictures from the walls in the main bar, not just once, but twice. There have been other reports of strangers using our lavatories whatever their deficiencies, they are better than those of
-
-
-
a
nelghbouring establishment of - toand others using facilities who refuse iden-
tify
themselves to club staff.
The Board, at a meeting on 25 October, discussed these matters and came to the conclusion that they were reluctant to insist that all members be required to carry their membership cards at least for the
time being. But they do wish to request that you do carry your card, and point out that every Club member is obliged to give his/her Club number to any member of the staff or a security guard who requests it. Serious consequences could follow a refusal to do so. A
new security firm was employed from November 1 and members will have noted that there is a uniformed guard on the front door most of the time now. We hope that no further measures will be necessary.
check. If they don't check, that'defence is not available to them." Campbell said the "good guy" argument is also no help in libel: "lt's nr7 defe4ce to say, 'l did the best I could. I did'iit honestly. There was no malice. I took,ull re_asonâble steps. I published in good faith'.'If
what you say is untrue and it
,pefåmes
someone, then you are exposed.",
'
And, once again, the burden of
the
proof is on the defendant. Defamation is broadly defined as anything which "tends to lower a person in the estimation of righrthinking members of society" which has been held, in the - for Philippines instance, to include the alleghation that a certain lawyer's office was "deserted and visited only by flies." The fact that you were quoting someone else is no crutch, said Campbell: "You're really on your own in libel whatever you do when you put pen to paper." But you may not be on your own when it comes to assess the damages. Your editor, publisher, printer, distributor and anyone who republishes your report can go down with you.
Pope listed five main defences: the words were not defamatory; the words were true; publication was covered by privilege, or it was fair comment on a matter of public interest. And the concept of privilege can be
tricky, he warned. Pope also gave a check-list of safety procedures:
o Use primary sources. a Cross-check your sources. o Give the subject an opportunity
to
comment.
o Keep your notes. o When in doubt seek legal advice. o Clearly distinguish fact from com-
ment.
o Where possible don't publish factual stories you cannot prove (although most of us know that on a practical level this could mean a lot less copy and a lot more beer breaks for everybody).
-
Peter Mackler
Time for a fune WHEN Kenneth Schermerhorn, Music Director of the Hong Kong Philharmonic Orchestra, was invited to speak at a Club lunch on October 16 he was, he admitted, a bit anxious about it. He had spoken to press groups in the past and found reporters slightly daunting. So he brought the tools of his trade with him: a piano, a blackboard and a piece of
Message to
chalk, plus his own sparkling personality which rarely fails to charm at least the -ladies in his audiences and his arms,
which he normally uses to- communicate. A vegetarian, Schermerhon was further dismayed by the menu (cleverly designed by member Irene O'Shea, who forgot to
turn up). He got through the tomato soup "Allegro Vivace", played with the veggies around the pork "Pizzicato", liked the "Gregorian" ginger ice and the "Do Re Mi" coffee and tea, but was only saved from starvation by Penny Byrne who went to the kitchen to stir up some prawns for the maestro. The Verandah is a splendid venue for this one was, small lunches - which a sprinkling of wellthough there was known names, such as Judy and David Bonavia, Tony Baines, newly appointed head of Radio 4, Jimmy Leung from the South China Morning Post aîd even Ted Thomas, who seems to be getting more and more taste for culture. Schermerhorn loosened up his audience with a joke or two, talked about the symphony orchestra as being one of the great inventions of Western civilisation - andin then proceeded to give a brief lesson composition.
Kenneth Schermerhorn
Watch that child THE Christmas party excepted, children as a rule are not encouraged to attend the Club. They are permitted at certain times, but with certain restrictions. Just in case you are not sure of the rules, here they are:
o
Children under six are not allowed on
He did this by asking Penny Byrne her telephone number, then turning it into a little tune, which he played on the piano and wrote on the blackboard. He then added some rhythm, transposed it, elongated it, diminutised it, embellished it with ornaments, turned it upside down, played it backwards and told us to go
-
home and compose something ourselves. Perhaps nobody, especially President Philip Bowring, who looked puzzled throughout, did just that. But it was certainly a lunch with a difference. Even but then Bonavia though it was great
- the Daily his father w¿s music critic of Telegraph.
Club premises except on Sundays and pub-
-
Cynthia Hydes
Mahathir THE Club
has sent a letter
to Malaysian
Prime Minister Datuk Seri Mahathir Mohamad expressing concern at the charg-
ing of the Far Eastern Economic Review's Kuala Lumpur bureau chief, James Clad, under the country's Official Secrets Act. Foreign correspondents' clubs in Tokyo, Manila, Bangkok and Singapore have also been approached about the matter and the
off
Singapore club has already sent similar letter.
a
Clad was arrested on October 10 and on .
October 14 was fined a total of M$10,000
after pleadirtg guilty to breaches qf two wide-ranging sections of the act inyolving accepting official information and divulg-
ing that information. ; , The charges related to an article, Clad wrote on Malaysia's relations with,China. which included references to recommendations made in a Malaysian Foreign Ministry report on the topic.
On the move Nick Beecroft of RTHK has accepted an invitation to join the Board as Journalist member to replace Alan Hargreaves, who has left RTHK to join a firm of stockbrokers.
Hemingway revisited IF you fancy yourself as a writer in the style of Hemingway, here's your opportunity to prove it. Harry's Bar and American Grill in Los Angeles is running its annual Imitation Hemingway Competition. What Harry's Bar is looking for is a page of really bad Hemingway which parodies the original. Says the press release: "It can be a page
of dialogue. A forgotten love letter. A
character sketch. An action scene. It must sound like Hemingway. Read like Heming-
lic holidays.
Storm in a teacup -¿#U*i:i'1,:;#::Ï:"",
though they may use the restaurant area. o The Club does not accept any private
glass
o Children under 12 are not allowed on Club premises after 7 p.m. a No child under 18 may sit at the bar, parties involving children.
o Children must always be
accom-
panied by at least one of their parents and should at all times be well behaved; parents are expected to ensure their good behaviour.
Please make sure you observe these rules as the staff have been instructed to enforce them strictly and this has in the past led to embarrassing scenes.
THE Club decision to charge $2 for a of Chinese tea has not gone un-
two at Harry's in Florence if the winner lives in the States, or at Harry's in LA if
It doesn't mention what happens if the winner is from the winner is from Europe.
noticed or unprotested. One member at least was so upset by the "preposterous" charge that he has written a strong letter of complaint to the Board saying: "In over 28 years sipping tea across Asia, I have never, ever been charged for plain tea in any restaurant, club, pub or food stall." He also reckons that the amount is "outrageous" and that it does not cost any-
To enter write to Harry's, 2020 Avenue of the Stars, Los Angeles, Ca 90067 for an official entry form and send your entry off
where near $2 to make and serve a glass of tea.
enter. Last year 2,500. World wide. Think about it. The mind bpggles. Really.
Asia. Maybe they can,take their pick.
before February 15. If you win, you hear about
But remember.
A
whole
it. In April.
lot of
people
The power and the glory Friday, November 29 If you didn't get up early enough for the November 21 breakfast, tonight's the night for the Beaujolais gala dinner at 8 p.m. Cost is $150 but get reservations in early as this event (as well as the Beaujolais breakfast) is a popular one. Saturday, Decembe¡ 7
A SPLENDID Portuguese/Spanish buffet featuring everything from calamares to caldo verde
-
and plenty of vino or vinho.
Sunday, December 15
ON this one day of the year the Club
tually encourages children to come'ln
for the annual Christmas party. lt's
ac-
-
open
of four and 12, and Father Christmas will of course be appearing. Time is 2 p.m.-5 p.m.,, to all between the
lohn H. Woods, station manager, Castle Peak "A" station, with CIub
THE 20 Club members who visited China Light and Power's Castle Peak power station on November 14 came away very impressed by what they saw.
The trip, efficiently organised by China
Light public affairs manager Robert Ip,
members.
took them by lanuch to Castle Peak to
look at both the operating "4" station and the second station, which is still under consturction. "4" station manager John H. tüoods showed them round his domain, which has a control centre described by one member afterwards as like something out of a science-fiction novel. At "8" station, the members had the chance to see the massive turbines being installed ready to go into operation in the latter half of next year.
Afterwards a buffet lunch was laid on in
the VIP dining room and members
Christmas Holidays
THE Club will be open normal hours all through the festive season. Saturday, January 18
THE fancy dress ball is the next
big
event on the calendar. The theme will be announced later if you have any - but good, original ideas, let Manager Heinz Grabner know.
SOME confusion has arisen recently over just who is entitled to use cash coupons and for how long, so maybe time to set the record straight.
it
Gentlemen, please THERE have been isolated complaints recently of baize-hogging in the Pool
The chit hits the fan
hard hat!
Tucsday, Decembe¡ 17 THERE'I| be a welcome in the hillsides and elsewhere as the Welsh Choir enterno doubt joined by not tains at the bar a few membe¡s- who fancy they have a voice. Starting at 7 p.m.
were
able to meet informally other senior executives of the company.
Irene O'Shea proves it is not only Princess Dianq who can look glamorous in a
ages
is
The rule is clearly defined and strictly adhered to. Only overseas guest-member card-holders can buy coupons for use in the bar or restaurants. Overseas guests must produce proof of their identity and membership before they will be allowed to buy chits. The coupons are valid for two weeks, but can be renewed twice, which in effect gives users six weeks use of the Club. For the record, Hong Kong residents are not eligible for cash coupons, nor are people with membership applications pending.
Room. In case members, perhaps newer ones, have wondered, there is only one 'precedence: rule of common courtesy. Next to each of the two pool tables and the snooker table is a blackboard, and the usual procedure is for prospective players
to chalk up their initials if the table is in use. When a game ends, the ne\rycomers should challenge the winners or, if there are other initials on the board, join the queue.
Signing up is not necessarily a message
to players that they should give up the table to a new group when their game is over. This system has worked for many years and is widely understood - but perhaps not widely enough.
Correspondent
.l
Jan Martinsson
ifl
I
S
w e dis h
-V ac kans
Affair
Patrick Ruel Liberation Associate
George Eaborn Asian Eagle Insurance Stanley D. Vyner Manulife Michael Barnes Richard Brooks Intnl , , ,2 I Lawrence E. Posey Barrons Leasing 'i' Paul Curtis Hayward James Capel (Far E4st) l, ,
Robert J. Oxenbrugh Security Pacific National Bank
Lest u,e forget , . . the ol¡l Hong Kong Cluh as it looked around the turn of the century. One o,f rhe pictures t'om thc Stock House collectian on shov' in the Club.
A Viennese
New but old
extravagarna THE timing of the gala Viennese even' ing on rilednesday, October 23 was a liffle right after a holiday and in unfortunate
-
midweek. This date was the only one on which fhe members of the Hong Kong Philharmonic
Orchest¡a who provided the string music could attend, but fhe ¡esult was that the evening, featuring an extravagant set dinner, was not a sellout as it has been in the past.
That had its advantages for those who did attend as there was ample room to dance to St¡auss waltzes and visif wifh friends at othe¡ tables.
However, those
of us regularly
attend these theme evenings would like to appeal
to the general membership to turn up for more of them. The food and atmosphere
'
are always superb, and the prices are moderate, bul if we are not able to fill the main dining room, the evenings may have to be cancelled or curtailed. And, for those who do believe everything they ¡ead in the newspapers, Manager Heinz Grabner assures us that all Austrian wines served in the Club have been tested by the government and generally are of the dry vintages rather than the sweet ones which (occasionally) need the help of some discreetly added anti-freeze.
-
Karl Kloettschen Hong Kong Bank Winton Wild
Bill Seitz
Excerpta Medica Asia Bruce J. Allen
MEMBERS may have noticed some new pictures on the wall behind the
Reuters
ground-floor Club Table. The 10 prints are of Hong Kong at around the turn of the century and were lent to the Club by Stoc-
khouse. They are from
a
Hong Kong Government.
collection of
some 4,000 old pictures the photo-agency has acquired.
Bridging that gap a
THERE have been few rumbles among the membership calling for a return of what was a popular event the weekly duplicate bridge night.
Sir Mark Heath
-
It fell by the wayside in the usual way, when the leading organiser left town, but there are indications that there may be sufficient demand for its reinstatement. Manager Heinz Grabner would be happy to hear from anyone interested enough to do something about it.
Forum Afte¡ nume¡ous false sfarts, the Club arranged a forum on the report of
has
the
Broadcast Review Board, which may determine the fufure of broadcasting in Hong Kong.
M¡ Justice Power, who headed the board, will be on hand to debate the meriús of the report with representatives from TVB, ATV, RTHK and Commercial Radio
and Club members.
The -Forum, which will be chaired by Alan Hargreaves, will be held in conjunction with the Hong Kong Allairs Society. The date to note is November 27, at 6 p.m.
Calling all mothers IF you are thinking of bringing your children to the Club Christmas party, Stewa¡d Julia Suen is seeking voluntee¡s to help with the organisation. The thought of coping with 80 of the little darlings singlehanded is, understandably, causing her some alarm.
A circula¡ will be going out soon giving mo¡e details about the party, which takes place on Sunday, December 15.
Putting ít together Editor
-
Janine Wookey Tel: Work
5-245095 Home 5-593454
Newsletter Liaison - Michael Malik (FEER) Tel: 5-8936688 Printers - Ad-Asia, Worldwide Commercial Blde, 34 Wlndham Street Central: Tel: 5-256067.