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ORDER
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"DEL MONTE
LATE
STRAWBERRIES
APRICOTS
APPLES
CHERRIES
THE NEW CHINESE PENAL
CODE.
SATURDAY, APRIL 2, 1910.
Intimations.
Bavaror than the ordinary punishment for the same offence, sad for the third offenen two degrees severer.
*
The new Pstal Code of Chilis adopts n principle which is commen to Continental A short time ago the High Commissorarsanal Codes but unknown to English law and passse under the name of "Cumula
of Law Revision submitted in a mentorial
to the Throng a rovised draft of the Fonal non-af Offences. This principis moan Coda It may well be remembered that it that where an offender has accurialated several offences for which he has sub grob is exsetly one hundred years since the pro-bean punished, he is, on being tried and
maigation of the Code Napoleon, à code sentanoad for all these offences together, MITSUBISHI GOSHI KWAISHA
"The
(MITSUBISHI CO.)
COAL
DEPARTMENT,
OLE PROPRIETORS of TAKA- SOL
SIMA, COHI, MUTAHE, HOJO, NAMAZUTA, SAYO, SHINNEW
to receive the punishment provided which is as famous as the Corps Juris for the most sarique "one only. Civiles of the Emperor Justinian. In France English system, on the other hand, which and in countries whoso Jaws are modelled visits each otace with penishment. is commended for its simplicity and after that world-famed French Code, som-practicability. The ratoms of cumulative momorative exercises are being held to offence has however for its defence the colabrate the cputonary of its promulgation fast that the criminality of in offender who has committed ten pilenos a different It is a happy coincidence that the revision sites and places is net ten times the of our Pearl Code should be completed on criminality of him who has committed only one offence. Consequently humanity and the same mouth and will be promulgatod.
common sense demand that He should be Į in the 3rd year of His Majesty quantung punished for the most serious crime only.
In dus now Penal Code the tarni ef and KAMIYAMADA Colleries. A brief review of thehistory of that Code
imprisonment is counted thus...nday and of Chinese codification in general, may 24-hours and a mankh moans thirty not be out of place, before we come to days. The first day of imprisonment con
is included, so that examine the code aslf. Nearly twenty in full and the last day is
A offender will be liberated the next years since publio opinion has been morning after the termination of his domanding general reform, in which sentence. The term of imprisonment is to judicial reform is included. In compliance begin after the rendering of judgens, and three days of confinement undergone pand- with the popular wish na Imperial Edieting trial will be counted as one day of the was issued in the 29th year of the Inte offender's adjudicated imprisonment Emperor Ewanghsú (1903) abolishing da. portation, and another Edict was issued in the 31st year of the same reign, (1903) abolishing the punishment of alicing to picos," and the liability of relations for offences committed by one of their body and substituting 500 for the application of
the bamboo,
f
In the treatment of juvenile offendery our Penst Code is-xceedingly liberal. It is provided that a child under after of age who should have semmitted 21 offence, will not be punished for his misdeed but a judge may sand him to a reformatory school.
SOLE AGENTS KISHIDAER ME YAO, 10 KIGIO-KOMATSU Cels
HEAD OFFICE TOKYO.
BRANCH OFFICES!
Nagasaki, Hoji, Karatsu, Wakamatan, Kobe, Osaka,... Shanghai, Hongkong, Hankow,
TyL ADDREKES for above:
1WASAKI
The introduction of modern improve Codes:-Al, ABO 5th Ed., Western Union. rements into China has given rise to a multitude of crises which were not provid. od for in the old criminal law. La order therefore to bring our judicial system abreast of the timo, there are incorporated in the new Penal Code quite ofosces which were unknown to Chins
AGENCIES:
number of YOKOHAMA: M. Asada, Esq.
Being desirous to rovise and improve the laws of our Empire, His Majesty the lita Emperor Kuanglisù appointed, in the 31st rear of his reign (1005), a Righ Commission before. Among these we may mention CHINELANG: Messrs Gearing & offences relating to election, offences re- composed of Their Excellancies Wu Tiugating to foreign diplomats, offences re-
and
Although our Penal Code doas not pretend to apply to foreigners, in China as the abolition of ex- Fell as chinese, the code fontos little to ba territoriality. The new Code makes itself all offences committed in applicable
desired crea· *itar
Co.
Co.
for partletlars, apply to
H. OISHILI
...Managers
No. 2. PEDDER SÆRKET,
Hongkong, January 9, 1909,
NOTICE
B1B
PEARS
fang and Shen Chin-pung, who-wei Inting to telegraph and always offences MANILA: Messrs Macondrey entrusted with the work of examining into relating to opium and lottery, and suola offuxices 03 counter-faiting coins and paper PEACHES
the state of the existing laws, old money, forgery and violation of weights
view to reform and measurement regulations. A new, with SLICED PEACHES and codification. In the 32nd year of the same Emperor, n' Code of Criminal Procedure which was drafted by. His Excellency Wa in English and translated inte Chinese by Colonel Tingi at present of the Board of War was submitted, and China and offences committed out of China such as the offences against the Emperor by Imperial command, was referred to the and the State, the odences relating different viceroys and governors for their money, seals or stamps of the State and opinion thereanout." Adverse criticisme public documents. It is also providedOTION IS HEREBY GIVEN that the
Partnership heretofore subsisting" ihat cahinese subject committing an emanating from the various provincial offence out of Chin is punishable in China between us the Undersigned carrying on authorities being general, it was thought in accordance with the present code po business as SHARE and GENERAL advisable to considerably modify its provided he has not already suffered his BROKERS at No. 5, Queen's Road Gen virions in order to conform with their punishment for the offence in the country, tral, Victoria, under the style or firm of rien's. The Code of Criminal Procedure where is is committed. In case there VERNON & SMYTH has been dis should to any international stipulations solved and the interest and responsibility to the contrary, such stipulations of the Undersigned JOHN YARDLEY VERNON VERNON in the and firm 183- JUST ARRIVED therefore, is still under prepamtico
At the same time codification in other supersede the present code.
All dabin due to and owing by the late branches of the law was energetically The new Peral-Coda discussed above is caused as from the 31st March, 1910.
the first fruit of China's effort in this direc PER SS. "CHIYO MARU."
pushed forward and with the assistance of tion taking what is believed to be the best firm of VERNON & SMYTH be many law students edicated abroad and of from the law systems of China, England, received and paid respectively by the Under- Itrigued FRANK SMITH who will continue distinguished jurist from Japan, Dr Franco, Japan and other countries. Okada, the first draft of the Peral Code Consists of four hundred and nine short and to carry on the said business under the
Dated the 1st day of April, 1910. general parts, dealing with general prin
ASPARAGUS
RETAIL DISTRIBUTORS: Messrs LANE, CRAWFORD & Co.
and" MUTUAL STORES.
Hengkong. Fabrawy 8, 1910.
18
MEE CHEUNG & CO., ART PHOTOGRAPHER, ICE HOUSE LANE. SPECIALIST IN ENLARGING AND BROMIDE WORK. Select Views of Hongkong and South China. Special Department for Developing and Printing-for Amateurs
CAMERAS FOR HIRE.
was completed two years ago. Opinions of clane articles, and is divided into two style or firm of 4 VERNON & IMYTE.
the different provincial authorities thereon ciples and specife offences respectively. wore invited and with these opinions With the promulgation of this and other 432
codes, together with offective rand, under due consideration, the code a permanent reforms in the organiza. Fevised and the revision was completed at tinc of the Chinese judiciary wo the end of last year. By an Imperial belies that some day we may receive the Edict which was published in these
columns, the revised draft of the Penal generous consideration of foreign powers a oonsenting to the abolition of the Code was ordered to be referred to the present réginie of what is called
efiborative Council on Constitutional ritoriality, or the system under which the Palities which is expected make its report subjects of Treaty Powers are exempt from within
A year.
(8.). J.. T. P. VERNON (8d.) F. SMYTH.
LEGAL
NOTICE OF REMOVAL OTICE IS HEREBY GIVEN that frem and after Tuesday, the 28th March; 1910, the Offices of the undersigned the jurisdiction of the Chinese Courts and Solicitors and Notaries, will be REMOVED are subject only to the jurisdiction of the to the First Floor of PRINCE'S BUILD courts of their own consuls or judges: I INOS, Jes House Street, (Cpposita the
King Edward Hotel).
is this liope that has beat a very strong in
As to the Penal Code there are several good points which deserve our special attention. First we may mention the conspicuous absence of the classification of ofences. The system of dividing offences centive to China to execute her law reforms on a broad and enduring basiaPeking, Inte chases is the one in vogue with Daily News. 1719 most of the older Penal Codes. For wx- ample, if waopen the French Penal Code, the first thing we come across is the division of offences into three classes, viz. crimen, delicts and contraventions. There is prac tically no logical distinction between A It protects against crime and a delict, or a delict and a con A decor, funny, try rot, the ravages of insects and rermin (especially maltersrention The only difference seems to be ants) and the action of the weather.Soilgaum really does what is claimed for it, as may be seen from the testimonials of the Governments of India, the Sudao, etc.
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in the name; and the kinds of punishments to be meted out to crimes, delicta and contraventions are respectively affie tive or infamous punishments, correctional panishments and police punishments. gain, these punishments have no dif forance in their nature, only in the degree. of serarity Consequently there is no pretical utility to adopt the conventional system of dividing and classifying offences The Chinese Penal Code, therefore, like the power criminal codes of other countries, such as the Japanese new. Penal Code promulgated in 1908, the Indian Peas! ode, or the now. Siamese Fenal Code,. does away with the system of classifying chui, (crime) offences and calls every and all offencry
Secondly our new code disgarde che former punishments prevailing in Chian, i.e. lecapitation, transportation and the application of the bambon. La substituter, banging, imprisonment for We do bữa term, and fné are introduced, so as to bring our judicial system in line with. that 1640 6 the most civilized countries for the humane treatment of criminals. The other punishments are deprivation of civil and political rights and the forfeiture of pro- perty in which nobody other than the offouder has any interest, such as counter- fait coins, articles used in the perpetration of an offence, or goods obtained through the commission of the offense for which the offender is convicted.
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Thirdly the system of conditional san once is another innovation in our code. The practice is that a judge has the dis cretionary power to suspend suletice of imprisonment-for-tes than three lesen. Erdan being executed in the condition tim the offendor, shall not commit another
***from three to vet offance, for a period f Fours. The system has for its recom mendation the fact than first of
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AGENT.
STOCKS "KEET, DR.
SHIPOWNERS ANTIFOULING
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by the warning that if the offender does FOR BETH BOTTOM (GRYTHOUND BRAND), commit anotlier offence during that period, the sentence beaomes at once-operative, and in being tried and sentenced for the suissequent offence, he is to be treated as a socond offender subject to the disadvantaga resulting out of the principle of Recidivium. Romdirism in system of controlling habitan offenders by incressing their punishments la certain dolinike proportionn Our code provides that any oder der hig commits another offenge within five-years of ba liberation from the puristiment waffered for his fitat offerer shall not Hanahmet Tar the second ollenca
40, Connaught, Road Central,
kang. Augufta, 109,
JOHNSON, STOKES & MASTER.. Hongkong. Marda 19, 1910.
RUBBER
ESTATES.
AGENTS, ACCOUNTANTS AND-
VISITING MANAGERS.
Reports and Valdations undertaken by ME W.-DUNMAN; personally.
DUNMAN &:00):
SINGAPORE
Hongkong. February 17, 1910.
RUSSIA INSURANCE
COMPANY
ST. PETERS
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Referring to the shore Notice, we bare taken over the Agency of the MMA ROSSIA INSURANCE COMPANY
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