JUDGE FEETHAM, SAYS NO.
IMMEDIATE RENDITION OF SHANGHAI SETTLEMENT
IMPRACTICABLE
FOREIGN POWERS AS TRUSTEES
'FOR CHINA.
[THROUGH' · RELTER'S 'AGENCY:]
SHANGHAI, June 17:
The second volume of Mr. Justice Tootham's report is issued to-day. The final sections, making the third volusie, are promised' abortly. This second volume contains the majority of Judge Feetham's recommendations,
A MATTER OF DECADES.
Briefly, Judge Feetham's main recommendations are:-
ternational Settlement to China
HONG KONG DAILY PRESS, MONDAY, JUNE 22, 1931.
DRAGON BOAT FESTIVAL.
Trustees for China." Describing the Foreign Powers and their subjects na trusteds of Shanghai for China, Judge Feet, ham remarks that the chain of his torical circumstances which has led to a foreign community haying so large a share in governing, on Chi (From Our Own Correspondent.) nese soil, the most important part
CELEBRATIONS IN CANTON
of a town which is the chief.com-
CANTON, June 21. marelal centre of China, are eirs. Canton was, en fête yesterday in cumstances which could not havé celebration of the time-honoured been anticipated and for which the Dragon Bont festival. Practically present generation has no primary all the shops were closed for the responsibility. These circumstances day to enable their jokis to enjoy and the enterprise of foreign and the occasion. Both Tungahan Beach Chinese communities in the Settle and Lai Chi Wan, two famous sum mant have created an asset of immach resorts in the city, where the mense value for China of to-day and of still greater potential value for China of the future. The for eign Powers and their subjects are under present treaty arrangements, trustees for Chine of the asset thus created. They would fail in the obligations of their trust if they
REDS ACTIVE ROUND NÄNNING.
SMALL TOWN'S ESCAPE FROM LOOTING.
(From Our Own Correspondent.)
NANNING, June 12. The soldiers who have been gar risoning the various towns is
in this part of Kwangsi have been with- drawn and ordered to concentrate. on Luchow and Kwailin with a view of their taking part in the North- ern expedition against Nanking.
dragon boat races took place, werd` There has been the usual con- crowded with people The bus sequence in the Tongshan and Fung companies, taxi-cabe and ricksha Shan districts: The regular troops pullers in the city did more business had driven the bandita away into. than ever before. Automobiles the Hills; now, however, these mis lined up for several blocks in the creants have collected into a band handed it over to China before she was ready to receive it and before, vicinity of Tungshan Bench.
of several hundreds, calling them- she was in a position to safeguard As in time of yore dragon boats selves part of the Communista” and develop it for herself.
For the time being it should be skimmed the waters of the Pearl Army. They planned an attack on. sufficient to meet Chinese national River to the merriment of the Faakaik, a fairly wealthy little aspirations that the trust is respectators on shore.
town which would have been worth The dragon cognised and that the governing. body, is seeking, under active bonts were all highly decorated, looting. Fortunately, news of the narrow and long watercraft, enchenterprise got about, and the very manned by from 50 to a hundred much, frightened people of Faasik. guardian of the bout, set in the tone for their own defence, and the stalwart persons. A god, the were able to take proper precau The Chincee area of Shanghai centre, and the boat akinned bandits have moved off in the direa is far behind the Settlement and along to the measured beats of the
tion of Kweichow province. French Concession in material developments and standards of ad-drum. Huge quantities of fire of political tutelage). Of the Chi-ministration, There are funda crackers were set off during the
Need for Political Training, On the point of rendition he asks First, the rendition of the Init to be noted that, speaking gener should be the goal of the Coun-ally, the Chinese have as yet no oil's policy, but that rendition is experience in the working of re-operation with its Chinese members, aot possile intil such time as presentative institutions, and the certain conditions are fulfilled. This will not be five or six years riced for political training of the as has been often suggested,but Chinese is formally recognised in probably decades,
the provision at present made for the carrying on of the National Government of China. (This is probably a reference to the period
That there be an increase in the number of Chinese' members of the Council but, in accordance with their present proportion compar ed with the number of foreign jembers, and that there be an increase in total membership of the Council to not less than 22 latively small section has so far and not more than 30
begun to acquire some experience of what is implied in taking their share in a representative system of
That a Court be established to supersede and absorb the Court of Consuls, the new Court to have
Chinese
nese in the Settlement only a re
to discharge its responsibilities. in the interval which must elapse be- fertign nations, their subjects and Pic rendition, in the interests of
China."
montal differences such sa render it impossible at preaant to bring the three areas under unified ad ministration,
races.
There are, however, a number of hands of between 50 and 30 robbers who are terrorising the district.
The Weather,
three qualified judges, one of them government. It seems therefore must be a long transition period. All the schools in the city were level, and many of the people living
near the banks are moving to higher ground.
and the local authorities are selling There is still a shortage of rich
supplies to the poorer people,
Dr. Rice In.
e)
Dr. H. Rice of the Emmanuel
Oficials Play-Employees Work
The drought has broken and thera be fulfilled before rendition is the day a general holiday, to the present as if the river will rise Indicating conditions which must The Government did not declare has been heavy rain. It looks at possible, Judge Feetham enys there disappointment of, its employees. considerably above its present essential that in any case a period the transition period should be The suggestion has been made that Discussing the merits and. de of political education. should in- five or six years but in his opinion enough, most of the high officials, open as usual. But curiously merits of the Settlement régime, tervene before changes are intro- such suggestions show lack of true Judge Feetham says it is a surprisduced which would entrust to reditions that have to be fulfilled ter of Foreign Affairs, and his appreciation.cf the nature of con- including Mr. Eugene Chen, Minis- ing fact that in critically compar-presentatives of the Chinese comand obstacles in the way of fucharming little bride, a daughter of ing Chinoso systems of government munity the major share of respon-filment. He considers a far longer with the Settlement régime, Chinese sibility for conducting the govern were to be ventured now
a high Nanking official, Mr. Chang period is cocossary. "If an opinion and foreign critics alike judge the ment of the settlement on a self- the minimum period required itTong, Mr. Kou Ying Fun, Admiral as to Ching Kiang, "General Chen Teni Settlement régime by foreign rather governing basie,
would be the question of the num than Chinese standards. Generally
ber, not of years, but of doendes." Chen Chak, General Chang Wai speaking, he continues, the foreign
Cheung, Mayor O. T. Ching, Gen. administrators here will not com-
eral Li Teung Jen, General Chen plain of having the success of their
Hing Wast and Customs Superin- work measured by the standards
tendent Chow Bo Hang, went to recognised in their countries, but he
Tungshan Beach to enjoy the day, "considers it illogical to decline to
leaving their staff to do the office work.. recognise the importance of 85085 ing the value of the Settlement régime by comparison between the Settlement municipal government as it known in Chinese arens.
As to the effect of immediate transfer to the Chinese of control of the Settlement administration, Judge Featham says it is necessary to remember that the Settlement system of government is based on principles, methods and ideas which are still new to China; and he gots on to draw attention to the differ- once between the system of "absolute authority" prevailing in Chine and the rule of law" prevailing is, in the Settlement.
adniinistration and
Efficient Administration, He sums up the practical results of the Settlement régime as security and improvement of the conditions of life, the degree of success being
Judge Feotham decisively answers "No" to question of a policy of immediate condition. Any great change in government made divergent views involves some risks for the purpose of reconciling
and sacrifices. But it is not here. question merely of incurring com paratively minor risks, such as tem mainly due to honest and efficientporary dimination of administro- administration in conformity with tive efficiency, but of imperilling the principles upon which the and destroying foundations."
He goes on to comment on the great Settlement constitution is based. gain, there would be if administra- This does not mean that the tive questions affecting the present régime has been perfect, but that, welfare and future development of Shanghai could be discussed and, a high standard has been main- decided upon in a non-political at- tained."
mosphere. At present, however, in The Council has been slow to re-every question great or small the alise the importance of associating issue of national sovereignty is educated Chinese with the work of municipal administration in" respon sible positions, and generally keep ing in touch with the educated classes of Chinese,
The presence of Chines membera on the Council has contributed to-
wards bringing about a great
affecting Chinese interests.
raised and, in the present condition
of China's popular sentiment, as immediate question under discus- BOOB as the issue is raised the sion are lost sight of.
Rendition Impracticable. Later he remarka: “
under
should be fulfilled before rendition Among conditions he considers takes effect are:
"Rule of Law.".
(1) Internal *conditions in China must have improved so far, as to remove any reasonable anxiety as to the future defence of the Settlement against "civil,
war:
(2) The idea of “rule of law" must take root in China and be embodied in pratical and effective form in the institutions of the country.
conditions
in
|
public interest and unfair to the Chinese community to call upon them through their representatives suddenly to take a major share of rosponsibility for the present aya tem of administration of the Settle- ment.
(3) Political China must be such as to enable local self-governing institutions. to enjoy real independence with in their own sphere of opera-22 tions without being subject to the orders of the National Gov.
He suggests that the Council be enlarged to consist of no less than
members and not more than 30,
Medical Mission is very ill and has left for Wuchow accompanied by Mr. Stott. The journey was made by motor-ear,
A Bellef Fund,
A relief fund has been started iş aid of the 10,000 people who were rendered homeless and destitute by the "Red" rebels under Wai But Kwan. The Technical Relief Asso ciation has taken charge of the col lecting of funds and the distribu tion to the relief. Money has been generously sent in by the various districts, and no less than $17,400 has already been collected.
VALUABLE CARGO LOST.
BOTTOM FALLS OUT OF
TRADING JUNK,
Chinese On the Council, ernment or to the control of any bar of Chinese members on the "My conclusion is that the num party organisation occupying & privileged or dominating posi-Council should not be increased so tion such as that assigned at as to create a Chikese majority on present to the Kuomintang.
the Council. I consider, that the number should be increased so that it be not less in proportion to the number of the whole Council than it is at present and that the num- A cargo valued at abant $40,000 ber of Chinese may be greater than was lost when the bottom fell out the number of representatives of of a trading junk on its way from any ether single nationality. This Tai Shan, Chinese territory, to
of
'them
(4) The Chinese community in the Settlement must acquire suf- ficient experience in the working representative institutions
nable aume the major share of responsibility for the adminis tration of the Settlement with o reasonable prospect of success.
to
Extrailty.
Но
18-
incans that the Chinese members will always be more than one-third Hong Kong. of the total mombership."
Under the heading of Courts of the authorities by the coxswain of According to a report made to the launch that was towing the junk
....
On the subject of extrality Judge Law, Judge Teetham says under Feetham says the system of Gov-Present conditions a continuance ernment under the Land Regula of the extrality system, including tions is elcsely interwoven with the retention of jurisdiction by extra-
court
to
at the time, the incident happened in British waters off Tune Island on Saturday. The bottom
change in the attitude of the Coun-Present conditions immediate rendi-system of extrality and it would territorial courts, is essential for apparently gave way under the eil towards. questiona specially I do not take a pessimistic government as now constitutoil to governing institutions in the Settle to rush into the hold and it wER tion is wholly impracticable" but be impossible for the municipal the maintenance of local self-strain of the cargo. Water began
He recommends that some Chinese mediate future."
view of the possibilities of the im- continue if there were a general present. Settionality, which the decided that the only hope of enving relinquishment of extraterritorial régime allords. be taken into the service of the The Judge thinks he is justified rights. The personal rights of He suggests the abolition of the some of the cargo lay in the suc this seed senior posts and says in saying that among responsible foreign members of the Settlement Court of Consuls and its substitucessful beaching of the junk.
tion by a new this need not be inconsistent with members of the foreign and Chi-police and volunteer force require consist of not less than three quali to beach the vessel, but it sanke so An attempt was accordingly made the maintenance of existing stan-hese communities there is sub to be safeguarded if those forces dards. of administration if the pro-stantial agreement on four importare: to continue to give efficient fed judges, one of whom should bo rapidly that it disappeared from cess of change is not too rapid. "In ant points:
a Chinese Judge nominated by the the surface some distance from thi ne in other matters affect
1) That the presont régime is
Coming to the heading or re. Chinese Government and the other shore. Happily the water at the ing the Settlement administration,
two Judges of National Extraterrimpot is not very deep, being about there should be a slow process of
not to be regarded as permanent forms that are desirable in the and that a time will come. for: constitution
torial Courts exercising jurisdic-7 feet at low tide. of the Bottlement. gradual evolution."
rendition when certain conditions Judge Peotham suggests the Landtion in: the Settlement.
Regulations be amended so na to have been fulfilled ::
Bottlement Police,
Co-
Regarding criticism of the Settle- ment police, Judge Beetham, says he finds crime in the Settlement no worse than in Chinese urban areas. In respect of kidnapping, the police are handicapped by lack of operation of the families and friends of the kidnapped people; and by the fact that most cases are engineered outside the Settlement. Thus the main cause of this kind of crime is beyond the control of the Settlemont Pokce.
Regarding the argument that con- tinued: oxistence of the Settlement régime constitutes an encroachment. Ching's sovereignty Judge
Borvice.
This new court, he further, aug-
jurisdiction now exercisable by the Court of Foreign Consuls, should inva jurisdiction to hear and do eide dages brought on the initiative of the Municipal Council for the purpose of obtaining an authorita- tive decisica on questions raised either as to the interpretation of
LOCAL ORDINANCE TO
AMENDED
(2), That when the time comes entitle Chinese ratepayers to tests, in addition to exercising the CRIMINAL LAW PROCEDURE for rendition there should be sub-tend ratepayers meetings ca the stituted for the present régime she footing as foreign ratepayers under the Land Regulations a anys a question to be consider now regime, to be established un-
od is whether or not it is desirable der charter granted by the in the general interest that the National Government, conferring Chinoso should be given a majority full rights of local self-govern on the Council and thus be called inent on the Settlement, on the upon to take the major share of basis of continued co-operation responsibility for administration between foreigners and Chinese, of the Settlement. :'' either as a separate unit or as a His first objection to this is that part of the City of Shanghai:
(3) That a transition period is necessary before rendition (follow. ed by the establishment of charter régime) can be regarded as a practical policy
any provision of the Land Regula of an Ordinance to amend the Cri- The Gazette contains, the draft tions or as to the validity of interminal Procedure Ordinance, 1890
It is explained that Section 991 Pretation of any Municipal, Law,
Judge Toetham recommends the of the principal Ordinance pur- under the prosent system of party establishment of a Land Office to ports to be based on section 31 cf dictatorship in China, control of take over gradually the registra the Criminal Law Act, 1820; but, to Settlement by a China ma- tion functiona of the various Con- unlike that section, requires that jority on the Council would mean sular land offices, the suggested now the list of defaulters on recogniz Act control by mumbers of the Court to have necessary jurisdis ance be made out before the closel Cline community acting tion to deal with cases Altecting of the last day's sitting of tho Footham points out that the detail(4) That during this period the control by the National Gov- the registration of land
court at each session. affairs of the Settlement should beernment, or the Kuomintang. His Judge Fertham, will shortly issue conducted on this basis of close, second objection is the need for co-operation between the foreign peried of political education of of this will deal with the question A third section of his report. Part and Chinesa .communities in the the Chingee communits It would, of "External ronds areas, and he remarks, be inadvisable from the romainder devoted to various
· Continued on nezi Column.) supplementary questions.
ed history of the Land Regulations: 14 shows that they owe their validity to the fact that they have been apuroved by representatives of the Foreign Powers and representatives of the Chinese. Government acting
Settlement. : in concert.
This Ordinance will remove that inconvenient. Provision is also limitation which has been found)) made for the preparation of more than one list as an interim list may be desirable in certain casug.
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