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HONG KONG DAILY
NANKING'S NEW COURT
MONDAY, JULY 31, 1933.
NANKING AND FENG YU HSIANG
Functions Explained Canton's Support of
REDRESS AGAINST "GOV. "ERNMENT ACTION
Nanking, July 23.-In connection with the new Administrative Court, Mr. Mao Tsu Chuan, President of the Court, in an interview with a Kuo Min correspondent, pointed out that the new Court was essentially a machinery for the redress of wrongs done to private individuals by Government administrative or- gans...
the Christian Gen.
CHIANG KAI SHEK'S NEW
ARMY
WING to the tense situation in
CANTUN, July 29. Charhar and North China, the Southwest Political Council called a special meeting yesterday morn ing to discuss these urgent pro- blems. Members attending the meeting were Hizo Fu Chen, Teng Tse Ju, Chow. Lu, Chen Chi Although the now Court waa Tang, Li Chung Jen, Lin Yun Ku similar in nature to the Adminis and Tang Shao Yi. The latter ar- trative Court under the former Perived here Eriday morning · from king regime, there was one import-Tang Chia Wan, Chungshán ant difference in that while the old. In an interview, Mr. Chow Lu Court was invested also with the loading member of the Council, power of meeting out disciplinary stated that General Chiang Kai punishment, to delinquent officials, Shek, chairman of the Nanking the new Court does not possess this military commission, has not in the least, given up his intention-to Continuing, Mr. Mse pointed out subjugate the people's anti-Japan- that all the necessary legislatione allied forces in Charhar, but, regarding the organisation of the account of the doubtful atti new Court and the procedure to be tude of several Nanking divisions, followed, in its proceedings hnd
a general offensive has been dele ed. Mr. Chow said that many of been promulgated by the National the soldiers sent to attack Char- Government the Administrative har are reluctant to start another Procedure Law having formally civil war. come into effect on June 23, 1833, -the day on which the new Court was inaugurated.
power.
Regarding the internal organiza tion of the Court, Mr. Mas said that the Court would be composed of two chambers, each consisting of five judges. He himself would head one of these two chambers, while a presiding judge would be placed at the head of the other."
Mr. Mac further pointed out that the decisions of the Court would be binding upon the Government organ concerned. There would he no appeal against the decisions of the Court; though, under certain prescribed circumstances, the party concerned might ask for a retrial.
Petitions Already In,
Mr. Mao intimated that although the Court was inaugurated only a month ago, a number of petitions had already been received. How ever d's most of these actions were not in conformity with the pres cribed procedure, they could not be entertained or immediately dealt with until rectified.
In this connection, it may be noted that contrary to popular mis- conception, the new Administrative Court does not have original juris- diction over complaints against the
Telegrams are received every day from General Feng Yu Hsiang and Fang Chen Wu concerning their plane and movements. Mr. Chow said. and it is expected that their forces will march farther afield" reconqueridg invaded territories."
The Coral Islands. With respect to the Fredeh Toc- Chow averred that the matter has cupation of the Coral Islands, Mr. been referred to the Kwangtung Provincial Government which may or may not take up the matter in conjunction with the inspector general of foreign affairs.
Mr. Chow, confirmed the recent report that the three gunboats Yung Hsiang, Chu Yu and Hai Ou dre coming, south but was not aware of their whereabouts at the present moment. It is reported that the three gunboats reached a certain, point and may have
come to Canton at any time. Central Press.
CHIANG KAI SHEK'S
PLANS
.
SHLANGHAI, July 29.
illegal actions, of Government or I was learned to-day from au- gans. According to the provisions thoritative sources that Gen- of the Administrative Procedure eral Chiang Kai Shek, chairman Law, which govern the procedure of the Nanking military commis to be followed by the new Court, sion, is putting off immediate pili proceedings in this Court may be tary action against General Feng instituted only after all the pres. Yu Hsiang and those factions op cribed means of Fedress provided posing his Nanking administra by the law of petition have been tion.
exhausted.
+
Meanwhile General Chiang will According to the law of petition, push on with his scheme to train any private individual, whose 180 new regiments and wilk await rights have been illegally encroach the arrival of new armaments from ed upor by a Government admin foreign countries." The last ship istrative organ, may petition the ment of armaments will arrive at responsible superior (i.e. im- Nanking in October when the new mediately higher) Government or regiments will be ready to take the gan for redress.
field By then General Chiang will
If the decision in considered un-be in a position to put down any satisfactory, the aggrieved party Central Press.
opposition easily and swiftly, ay further appeal to the next superior Government
organ.
Should the latter fail to render
a decision within thirty days from
National Salvation Association:
SHANGHAI, July 29.. the date of the second appeal or The National Salvation Associa should the decision rendered under tion held, a meeting here yesterday the second sppeal be still consider in the restaurant of Sun Sun De ed unsatisfactory, the party compartment Storo, Nanking Road, at cerned may, in the last resort, in which representatives from 100 stitute proceedings in the Adminia public bodies and 300, persons took trative Court against the Govern part, to express opposition to Nan- ment organ complained of..
king using force to invade Char- har. The Association passed the following resolutions.
Court of Last Resort.
(1) That a telegram be sent to It will be seen thus that although Mr. Lin Sen, chairman of the Na- the new Court appears to be one tional Government, protesting the of original jurisdiction, it is really use of force to attack General in the nature of a Court of last Feng Yu Hsiang,
resort or final appeal in complaints (2) That General Yen Hai Shan against Government organs, sa an be urge to cooperate with General action in this new Court can be Feng for the recovery of lost ter- entertained or tried only after two ritory. appeals have been made to the
(3) And that General Sun Tien
superior Government organs with Ying be urged to take the same unsatisfactory results.
Another feature of the procedure
of the new Court is, that where ac-
tual damages have been caused by
step.-Central Press,
the illegal action of a Government pay such damages. organ, the aggrieved party may de-
It will be seen, therefore, that mand compensation, besides nullif- the general intention is to provida cation of the administrative action common-sense methods of securing complained of, In such cases, the redress against Government organs, Court may award pecuniary while the new Court will assure to damages to the complainant. an aggrieved citizen a final and im
Where the new Court renders a partial review and adjudication of decision in favour of a complaint, bis charges The procedure is cal- the Court will petition the Nation-culated to ensure to the public al Government, through the Judi- more prompt and reasonable con- cial Yuan, to nullify the adminis videration of complaints lodged trative action complained of, and, with and against Government or where damages are awarded, to organs, since officials will be made to der the mid Government organ to realize that final recourse to the Adnanistrative Court can alwaYE (Continued at foot of next column) by had by the people. -Auo, Min
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