April 90, 1908.1
The
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men when one or other of the ion distinguished themselves. On the nd, he was quite convinced during the of service he had had, that all sorts brave acts, were constantly taking place by who bad the honour to belong to that and service--the British Mercantile Marine. peaker dwelt on the necessity of having a good man st a ship's helm, and said that the present rescue was made possible by Captain Austin who was then at the helm. It was exceedingly gratifying to learn that the Chinese sailors on board took a share in the work of rescue, and he should like them to learn that in the admiration of those present for gallantry displayed on that occasion, their association with it was not forgotten. The speaker concluded by calling upon all present to express their appreciation of the officers and men to whom he alladed by giving
hearty British chéer.
Three lusty cheers followed, after whi h the gathering, at the invitation of Captain Austin, remained to partake of light refreshments.
ABOLITION OF TORTURE IN CHINA.
meeting of the Hongkong Committee pledged to work for the abolition of judicial dre in China was held on April 24 at the amce of the Italian Consul General. Com. Tolpicelli gave 'n sketch of the work during lest year, and after a a brief discussion measures ere approved for the continuance of the work. The report is as follows
CHINA OVERLAND TRADE REPORT.
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1905, an Imperial Ediet was published abolishing, step towards the domplete abolition of ¿torture the punishment of "ling-ch'ih" in China. by limiting its use. What I think still more This seemed a good sign, and as soon as the copies important is the awakening of men's minds to were feady I sent 20 to my Minister and 20| consideration of the question. As Beccaria to my personal friend, the Austrian Minister. justly said, torture rested on the tyranny of I received very favourable answers : the copies of custom which blinds men to the clearest the pamphlet would be presented to the highest evidence. officials in Peking, and the Austrian Minister answers of the highest officials, the atten- Now that, AS we ses by the (a man of long experience in this country, in- tion formed me that the ideas of Beccaria would is directed towards the question of frit- of the ruling class in China fall on fertile soil, as was 'evident by the late olal torture there cannot be the "aligavent Imperial Edict about "ling-ch'ih". Having doubt about the final result, though of cothi left the work in the metropolis to the two there is room for legitimate doubt about friendly Ministers, I had to push the proper rate of progress. Our future täsk Ilès in ganda in the provinces of the vast Chinese to hasten legislative reform and “to advis Empire. I was compelled to limit the pro- measures for reddering effective the reföt pagands to the highest provincial officials, to enacted. As for further legislation, abolishtag Viceroys, Governos, Provincial Treasurers, torture completely, it will becomparatively war Provincial Judges, and Tartar Generals in the as Wu Ting-fang has already declared his vidy provinces where there are garrisons of Banner on the subject, and because there will Be troops. Even with these limitations there was considerable clerical work, as a printed circular has been abolished in many cases by Impertäl
logical ground for opposition, now that would have been against etiquette, and the Edict. It will be far more dimoult to render övéh letters accompanying the pamphlets had to con. the partial reforms 'effective in přiotics, “thith tain the proper complimentary phrases. In to obtain the most extensive legislation. thus distributed and since then answers have officials, would lead me to believe that torti about a couple of months a hundred copies were I have heard, even from friendly 'Ohi boat slowly coming in acknowledging receipt still employed, though probably Idas re of the pamphlet. Of course, all express thanks than hitherto. I think this le dde prize and appreciation of our work, but this might to a practical dificulty and does not affec be only common politeness; several, however, essential question. Chinese officials, especially enter into the question, either referring to in large places, are very busy, as they are bup- the juridical glories of ancient Roms or posed to manage and direct a variety of work to the late r-forming legislation of China, allotted in the West to several špeciál ‘offotals showing that the writers have drafted or so that in a populous district the offléiál hún nöt dictated the letters and not simply given their much time to give to the administration t The movement we started for the abolition secretaries a general order for a polite answer. justice, and has to harry the work. The Worst of Jadioial torture in Chica very little more This is highly gratifying, and shows that we enemies of torture will not deny that fe is than a year ago, for our first meeting was held have achieved some measure of success in the speedy method of getting an answer, whether under the auspices of H.R.H. the Duke of the most important part of our task-arousing affirmative
Abruzzi on the 12th December, 1904, has men's minds to a consideration of the problem-therefore, the sudden abolition of "tórtare, or negative, files or trud; made such rapid and successful progress that for when that is obtained there is but one without some corresponding
Katy glance at 'the work done aud the solution, and that comes with extraordinary the number of officials who adminiäter justion, 'ékléhalón, 'Th objects still to be attained becomes necessary. rapidity, everyone astorbed that such an abuse cannot be effective, and the best intentioned In our first meeting I had communicated that could have been so long tolerated. On the 15th officials will often be compelled to resume the I was busy in translating a pamphlet from the June we sent a letter to Wu Ting-fang, cruel, stupid, bút expéditions práctíos of tölture. Italian into Chinese which I thought would expressing our appreciation of the work he had I think, therefore, that the practical abolition of grally aid our canse, and during December, accomplished in reforming the criminal laws judicial torture depends entitély on põne 1904, several copies of the translation were writ of China abolishing the barbarons punishment measure to relieve the present officials from ten out for the different Chinese newspapers of "ling-ch'ih", and on the 15th August he their judicial duties, which instead should published in Hongkong and Canton. As there answered, thanking us, recognising that we had devolve on a special class appointed "for the were some misgivings about the impression our started the movement against torture and purpose, and whose independence from fall anti-torture propaganda might creste amongst hoping we might have good success. the high official class, and there existed the informed us that he had obtained an Imperial guaranteed, as in all the countries of Europe. He also political or other pressure should be properly consequent fear that hasty and unguarded zeal Ediot abolishing all torture during or mins! I also think that H. E. Wu Ting-fang, Who is might retard rather than hasten the reform we trials, with the exception of trials for murder. all the time busy reting the Chinese Codős all find at heart, in the beginning of January, Wa Ting-fang added that he naturally whs in 1905, I cleared up the question by writing on
and is drawing precedents for his reforms Trom favour of abolishing the use of torture fa all the legislations of the West, will receive this The 8th to Taotai Wen, and he answered on the cases, but had compromised in order to secure idea favourably, and I propose that another 9th January, repeating in writing what he had success for a partial measure which would letter should be written to him calling Ma already, told me verbally more than ⚫ month infallibly in a short time lead to the complete attention to the practical 'dimëulties met before, that the ides would meet with great abolishment. This aunouncement was import- in the sudden abolition of torture and suggesting favour. I think it is worth while to quote ant, because there was reasonable room for the practical remedy above mentioned. in extenso a phrase from the letter, as it stands doubt in the confusing reports that were currat, out very forcibly now in the light of later about that time. I may instance the carefully svegts :- “To publish the translation both sifted information that came to my knowledge in the leading Chinese newspapers and in from high quarters: a well-informed foreigner pamphlet form so that it may be widely read in Peking assured me that torture had been 1 have already told you, is an excellent idea, completely abolished, and offered his congratu- and the publication will surely be hailed with lations for our signal and rapid success; on the great delight by the Chinese people and other hand, one of the high Chinese provincial their officials,
Now we see Mr. Wen's officials, in the answer scknowledging receipt predictions entirely realised. The translation of the pamphlet containing the translation The XII. Chapter of Beccaria (the one of Beccaris, communicated the promulgation of against torture) was published in the principal an Imperial Edict, and explained its enactments nese newspapers of Hongkong and Canton as follows:-" Except in capital cases where nt the middle of January, 1905, and it evidence is clear and the accused recalcitrant inly produced some impression [Mr. T. in all other cases forture shall not be em Iwards, of Canton, well known for his know- ployed in the first examination, nor in cases ledge of Chinese, kindly lent his assistance in where the penalty is inferior to banishment". securing Its publication in Canton], as I received There was here a wide discrepancy, because on letters from different parts of China from the one hand capital cases (where torture was unknown....... persons encouraging our work.almost unconditionally allowed) are vory Unfortunately my health was not very strong numerous, as the Chinese Penal Code sanctions about this time and I could not push on the the penalty of death for many crimes, though it is printing of the pamphlet. I was able, however. very rarely carried out, even for the worst ones; dering my illness my old friend, von and on the other hand the orimes for which a ethorn, the Austrian Minister, who promised punishment inferior to banishment is sanctioned and also told me that the (those in which on no‘account is torture allowed) a popular propaganda are very light crimes. The answer from H.E. the most likely to lead Wa Ting-fang gave an explanation which was able I had the lay between these two extremes, and seemed to nt for printing in pamphlet form the show that an important step had been made tion which had
ready, appeared in the Resuming, therefore, the results of about a year's hese blocks correspond work, we find important legislative measures edition with ng so now that I taken by the Imperil Government of China. an until they are "worn out | first in abolishing repulsive form of capital "oopienas like. In April punishment-ling-ob'ih-and then an Important
through
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арага
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some discussion, in which the Lord Bishop "of After the hearing of this report there was
Victoria, Sir Henry Berkeley and Rev. Either De
Maria (Pro-Vicar Apostolió) took Mr. Volpicelli should write the letter he hid prominent part, and it was finally decided that suggested, adding also that in the opinion of abolition of torture was the principle of Chinese the committee, the great obstacle to "the jurisprudence that a man could not be böh- demaed without his confession (a principle existing also in Europe when torture with died), and that if the principle that evidence and witnesses ware suficient to convict a man' adopted torture would no longer be reqüfred.
With this resolution the meeting sdjourned.
T
SAN FRANCISCO CATASTROPHE
SYMPATHY FROM HONGKONG, We have received the following from the Colonial Secretary Telegram from Governor Hongkong, to President, U.8:4, dated 20vd April, 1906 :---
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Colony of Hongkong which has relations with California expřemes to you sorrow at · Can Francisco i catastrophe heartfelt sympathy with sufferers, serta
Reply from U.S.A: dated 24th April, 1908 s The President directs me to thankisyóu sincerely for your sympathetic médange he highly appreciates, portall
ELIKU Boor, hinost Secretary of Btudo,7