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A

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HONG KONG DAILY PRESS. WEDNESDAY, SEPTEMBER 29, 1937.

Japanese Government In Confusion

made by the Emperor. In demo- cratic countries, the right of mani- pulating the constitution is usually vested, in the representative body of the people. In Japan it becomes the personal affair of the Emperor. Moreover the Emperor has the ub- solute power to dissolve, prorogue the Diet thus the representative body of the Japanese people only acts as a subservient organ.

Continued from Page 1)

of the Diet by the Imperial Ord- of the House of Peers. It is only nance is but the particular product | crippled and disabled in vieing of Japanese constitutional govern- with the Upper House: so far as ment. To say that there is no rule its dealing with the people is con- of law in Japan is not far from cerned, it is one of the numerous

governments in Japan. It serves as the medium for the people when they want to crave the mercy of the Emperor. It acts to ratify and confirm any policy and

trie.

of

measure intended by the Emperor and the Cabinet. Its members may inter-

THE HOUSE OF PEERS Besides being ruled at the Mercy their Majesty, the Japanese people have to put up with another Leviathan.. namely the "House of UNLIMITED POWERS

Peers. Most of the second cham. The powers of declaring war and bers in democratic governments | pellate the ministers of the Ca- making treaties are the business of to-day have been reduced to suchbinet. If they have the pluck to the Emperor, while the Dlet may a condition that they are merely resent the servants of the Emperor. be Iniormed as to the procedure acting in the capacity of an advi- When they are pressed too-much merely at the option of the Em-sory body to the Lower House. by the people to carry out their peror. Added to the above there They can bark, but they cannot duty as the mouth-plece of nation-

bite. are many other important powers The House of Peers in Japan al grievances, they might, out of vested in the Emperor, which is the only exception. Whereas their conscience, pass a vote of according to the practice of demo- the right of creating peers is only non-confidence against the Gov- cratic government, should be In- privileged to the Emperor, and it ernment. Though the vote may herent rights of the representative cannot be dissolved at the will of not occasion the general résigna- tion of the Cabinet. their work as body. But after all, however omnt-the Mikado, It has been given a potent the Mikado may appear to

representatives of the people is done. Unless they threaten to be, it is highly impossible for him to, execute such a vast bundle of

resign in order to bring the gor- rights without help from his sub-

ernment round, or the Emperor comes to their rescue they have no ordinates. So the delegation of his autocratle powers is indispensable,

other weapon against the insub- Since the powers thus centralized

missive in the Emperor are so unquestion- able and unimpeachable, the off- cials receiving the delegated powers to carry on the government for the Emperor are undoubtedly and in- cidentally domineering, prejudicial not only to the welfare of the people but also against the will of the Emperor. Granted that all the wills and decisions of the Mikado could be so translated into actions through the administration of his subordinates, all the policies thus arbitrarily manipulated by him are certainly open to the objection that

all his decrees and rescripts may not be all wise and judicious. The system of over-riding the statutes

special status to check, embarass and harass the Lower House. This principle was duly recognized and specified by Marquis Ito when he framed the Constitution. Unlike the House of Lords in England which is forced to give due respect to the Budget initiated by the House of Commons, the House of Peers possess such a great power as to throw out any budget pre- sented by the Lower House. There are many other ways in which the House of Peers can bring the work- ing of the Lower House to a stale- With mate if it chooses to do so. this in view, is it not right to say that the Japanese people are really governed by the Upper House? Yet they still claim they are a democratic state.

When we say that Japan is being ruled by the Upper House, we must not go so far as to think that the Lower House is but the duplication

THE CITIZENS IGNORANCE OF

LAW AND COGNATE CRIMES

BY RICHARD C. B. HOLTON (Continued from Yesterday)

Law of Larceny. Simple larceny is the act of stealing unaccom- panled by any aggravating cir- cumstances. Compound larceny is the act of stealing accompanied by such aggravating circumstances, 29:-1, The nature of the thing stolen. 2 By whom it was stolen, 3. The manner as with violence.

Larceny is a statutory offence, and in referring to larceny. it means simple stealing..

יו

The taking may be actual or constructive-actual when by force or stealth-constructive. ..where possession is obtained by some fraudulent means with the animus furand (intention of stealing).

Various types of stealing are treated as distinct offences. follows:-

as

a

"Fraudulent Misapplication." In this case the property must bave been Improperly applied for the use of some person; but in each case there must be the intention

to defraud.

"Fraudulent Convertion." This the misappropriation of good~~ a person to whom those 1. By goods were entrusted for some specific purpose: 2. by a person acting as an agent for the owner. such as: A lawyer who appro- priates his clients goods for his

own tisc.

"ROBBERY"

Theft of an article or thing on the

accompanied by body; if violence, injury or threat, is called robbery. A person charged with robbery may be convicted by jury of an assault with intent to rob.

"BURGLARY"

Is the breaking and entering of dwelling-house habitually OC-

"Theft by Finding" is when person finds an "article or thing. and at the time of finding he be- Heved the owner could be found.

cupied, with felonious intent, be- Articles or valuables should always | tween the hours of 9 p.m. and

be handed over to the police. a.m. 'Abandoned articles cannot be stolen.

was wrong.

"HOUSEBREAKING OR BREAKING AND ENTERING

"By Misdelivery." If goods are delivered by mistake to the wrong Is breaking a dwelling house, with person, and that person, appro-shop or warehouse etc. priated them or receives excess felonious intent between the hours change, knowing at the time it of 6 a.m. and 9 p.m. Any move- ment of any object obstructing "By Servant" is when a servant the entrance constitutes breaking, steals property which belongs to such as Hiting a latch or obtain- his or her master; it must, how-ing an entry by trick or conspiracy. ever, have been in the possession Tu constitute entering. any por- of the master, for any period. tion of the body-any portion of "By Balfer." A bailee is a per- the body or with any weapon or son entrusted with goods, money implement entering the building or other valuables which he has to with felonious intent is sufficient. return after a specific period. If "Sacrilege": Breaking and en- he falls to hand over the property tering any place of divine worship or converts it to his own use, het commit a felony therein, or commits the offenence. The es- the breaking out of auch place sence of the offence is that the after having committed a felony goods must be held and returned therein.

in" their original form. But when "Forgery under common law is A entrusta B with a sum of money the false making or altering of and, does not ask him to return any document for the purpose of the identical cash and B appro- fraud. priates it for his own use, that is fraudulent conversion.

"By Spouse." is when a man and wife are about 'to Hye apart, and one takes the property of the other.

"RECEIVING STOLEN

PROPERTY”

Any person who receives stolen property and knows it was stolen,

was

"By Pawning." is where a per- sor pawns the goods of another without the knowledge or consent this is the offence of Receiving. It of the owner, and he is without is necessary to prove that at the power or means to redeem thern. time the receiver knew it The offence is Unlawfully Pawn-stolen, Persons found to be in ing.

passession of stolen property are presumed to have stolen it unless they can explain their possession. Under Common Law such persons can be arrested on suspicion.

"Accessory before the fact"-One This is the offence committed by who aids, abets or procures an- any person employed. as a servant other to commit an offence; and or clerk who receives any goods unit present at the commission of account of his master and appro- the offence, it becomes principle priates them for his own use, in the second-degree- This also applies to money. A "Accessory after the fact”—TQ' person charged with embezzlement harbour or assist a person know- may be found guilty of theft, and ing he has committed a felony. a person charged with theft may but a wife harbouring a husband be convicted of embezzlement or 1s not liable unless she was active fraudulent misapplication.

"In the offence,

"EMBEZZLEMENT.” ·

cabinet. This is really strange and ridiculous, when com- pared with the English Parliament whose MPs have the absolute and supreme power to determine "the fate of Messrs. Ramsay MacDonald, Lloyd George, and Neville Cham berlain.

PARTY POLITICS BARRED

Though the Japanese MPs fall to be the watch-dog of their State, they can. however, oppress and squeeze their masses in collusion with their respective parties. AC- cording to the Constitution, no party politica is tolerated. Again this characterizes the Japanese de mocracy. In förming a new Ca binet, bureaucracy is the only ways and means. For many decades after the promulgation of the Constitution, the Cabinet was mo- nopolized by a few clans in Japan. Realizing the inconsistencies of their constitutional government, the Japanese statesmen began to tolerate the activities of political parties. However they were sub- lected to all sorts of checks and limitations. They were given no legal personality. This situation still holds good to-day. In com- plete ignorance of their doubtful status, they act in collusion with the militarista to extract the last

ounce of energy from the people.

They are responsible for financing the Japanese Industrial magnates. An underdog for the ronins—a parasite to the Japanese people! In the sense of harbouring the international delinquencies of the Japanese militarists and the tional corruptions of the Japanese politicians the Lower House of the Japanese Diet stands for one of the many governments in Japan.

(To Be Continued)

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