育教僑華頁三第張九第日七十月二年未己曆夏
1979
中學會考試題預習專欄
經濟及公共事務(サミ)
明梅出版社孔载玻盧榮俊古嘉利提供資料
Economic and Pühlic Affairs 23
01. Describe the jurisdiction
of Magistracy, the
District Court, the
Supreme Court and the Full
Court over civil and criminal cases in Hong Kong.
The system of law courts in Hong Kong structured as: the
Magistracies, the District Courts, the Supreme Court and the Full Court,
They
are described as follows:
A. The Magistracy
(1) Civil Jurisdiction
The civil
jurisdiction of the Magistracy was transferred to the District Court by the
District Court Ordinance 1969.
The
Magistrates Ordinance provides a procedure for the summary recovery of civil:
debts only.
(2) Criminal Jurisdiction
In this respect, the Magistracy handles indictable and summary offences. Regarding indictable offences,
the Magistracy's
powers of punishment are limited to a
maximum of two years
imprisonment or a
1979
中學會考試題預習專欄
歷:
史 (廿二)
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HISTORY (22)
The Hundred Day Reform, 1898
A. Contents
Vi
Education - Abolition of
the Eight-legged essay (A) in the Civil Service Examinations. Introduction of a new syllabus based on current political and economic problems. Abolition of swordsmanship and marksmanship in the military examinations. Introduction of a new syllabus based on a knowledge of modern military tactics. Opening of a special examination on political economy, Establishment of an Imperial University in Peking. Founding of a medical school under it. Establishment of primary and secondary schools in the provinces for the study of both Chinese and Western subjects. Change of traditional private schools into modern government schools. Change of Buddhist temples into public schools. Publication of an official newspaper. Govermnet administration Abolition of sinecure posts (jobs with a salary but involving no work). and unnecessary offices, including the
governorships of a few provinces. Appointment. of progressive-minded officials in government. Introduction of stricter disciplines for civil servants. Measures to
check corruption. Improvement in administrative efficiency by removing delays and.
WAH KIU YAT PO
$2,000 fine for any one offence and the, cumulative sentence's
of imprisonment cannot be more than three years. Before
deciding whether
persons accused of the
most serinus offences
should be sentenced.
to the '
for trial
Supreme Court, the Magistracy also holds preliminary enquiries into the matter.
B. The District Court (1) Civil Jurisdiction.
It tries civil: disputes, the subject matter of which is under $20,000 or $15,000 in the case of land. It has original jurisdiction under the Workmen's Compensation Ordinance. and the Distress for Rent Ordinance. In addition, it undertakes appeals from the Tenancy Tribunal and Labour Tribunals. It also hears stamp and rating appeals.
(2) Criminal Jurisdiction.
so Itatries criminal cases transferred to it by the Magistracy. The maximum period
of imprisonment that
District Court judge. can declare is five years.
The Supreme Court (1) Civil Jurisdiction
The Supreme Court's civil jurisdiction. ia more or less like
by developing a new, simplified administrative procedure. Creation
Creation of/
12 new Ministries to
replace the old 6 Broards (traditionally responsible for top government administration in Peking). Encouragement of reform suggestions from private citizens.
ili Military reform
Reorganization and modernization of the army. Founding of militia forces (part-time soldiers for local self- defence).
iv. Economic reform
Promotion of railway construction. Promotion
of agricultural, industrial and commercial develop- ments. Founding of Banks. Encouragement of inventions. Preparation of a government budget. Others Visits to foreign countries by high officials. Improvemnet and simplification of law codes.
B. Results -The reform
movemnet only lasted for 103. days.
Most of the reform
decrees were not carried out. Only in the province of Hunan, where there was a governor sympathetic to the reform, was a serious attempt made to put into.. effect the Emperor's
decrees. At first, the Empress Dowager and other high officials like Chang Chih-tung and Weng T'ung-ho were not opposed to the idea of reform. But as conservatives, they disliked the radical changes proposed by Kang and the Emperor. Opposition to the reform grew. Many top conservative officials, eunuchs and Manchus begged the Empress Dowager to take over power and rule herself so as to stop the reform.
郭日僑華
四期星
that of the English High Court, It is. enpowered to appoint and control guardians of infants and their estates. It also exercises jurisdiction in lunancy, bankruptcy and company winding- up matters.
(2) Criminal Jurisdiction
As far as crinána jurisdiction is concerned, the Supreme Court tries indictable offences with
unlimited jurisdiction by a single judge sitting with a jury of seven.
The Full Court includes two or more judges of the Supreme Court. It hears appeals regarding both civil and criminal cases from the Supreme Court and the District. It is the highest court of appeal within Hong Kong.
02. Describe what sorts of
retributive and corrective treatments are available in (*) Stanley Prison, (b) Chi Ma Wan Prison, and (c) Sha Tsui Detention Centre
(a) Stanley Prison
It is a marinu security prison which keeps prisoners serving long sentences because they may have a desire. to escape because of the lengthy imprisonment. these prisoners are dangerous to the society. stricter supervision and discipline must be movement. The young reformers feared that the Empress Dowager Would sooner of later interfere and depose the Emperor. They therefore planned to carry out a palace revolt by capturing the Empress, They asked Yuan Shih-k'ai to support them with troops. However, Yuan betrayed the Emperor and the reformers by telling the Empress Dowager. everything about the intended revotl. The Empress Dowager immediately imprisoned the Emperor, took over the government, and gave orders to arrest the reformers, six of whom were captured and K'ang yu-wei and Liang Ch'î-ch'ao were, however, warned in time to escape abroad.
Most of the
reform measures were cancelled.
C. Reasons for the failure of
the Hundred Day. Reform.
Reform on paper Many
of the reform measures were not put into practice Opposition to the reform-- The reforms attacked both Chinese tradition and the self-interests of many people. Conservatives felt that the political- tradition of the dynasty had been violated by the reforms. The Express Dowager and her followers believed that the reform was just an excuse, used by the Emperor and K'ang Yu-wei to struggle for political power. Changes in the educational system. ruined the future of students who had been preparing for the. traditional government examinations. The abolition of sinecure posts. and governorships ruïned the future of many officials. The appoint ment of young, new and progressive-minded. scholars to the
maintained.
日五十月三年九七九一曆公年八十六國民華中
Prisoners receive
strict security measures there. They are provided with vocational training. and are employed within the prison on jobs such as tailoring, carpentry, shoe-making, etc. They are paid for their work and part of their vages are compulsorily saved. Even though these prisoners have little freedom and few priviledge's, they are. provided with library classroom and recreational facilities.. have to attend adult education courses in the eveninga. The Discharged Prisoners Aid Society is responsible for aftercare and social rehabilitation of these offenders. (b) Chi Ma Wan Prison
Besides,
they
in
Offenders who receive short sentences are sent to Chi Ma Wan Prison. is an open prison with minimum security measures. Because of short sentences and a good environment there, prisoners will be less likely to escape. Prisoners at Chi Ma Wan prison are provided with vocational training, recreational activities and adult education the evenings. They have to do indoor work such as tailoring, carpentry, etc. in addition to outdoor vork such as afforestation, road- building or repairing, etc. All their work are paid. Visits by the prisoners' families are government endangered the political career of many existing officials. Many Manchus believed that the new reforme measures were especially directed against them, because quite a number of conservative Manchu officials had been dismissed from the Central government; all the young reformers were Chinese: Klang Yu wel came from South China, where there was strong anti-Manchu tradition. Besides, the
Manchus were jealous of the Chinese reformers, who were trusted by the Emperor, Changes in the military forces threatened. the privileges and livelihood of the Manchu bannerment and the Chinese Green Standard Army (traditional Ch'ing armies) The attack on corruption was unwelcomed by those. officials who got rich by this unlawful practice. Palace eunuchs who were favoured by Tzu-hsi feared that administrative. reforms would reveal their practice of corruption. The change o Buddhist temples into public schools angered the Buddhist monks and priests.
iii. The lack of effective
political power:
Without strong political power, no reform could be effectively carried out. The Empress Dowager's powerful influence at the Ch'ing court. Peking's control over the provinces was getting weak and was on the decline. As a result, the Central government's reformn decrees did not receive much attention in the provinces...
The inexperience of the reformers Both K'ang Yu-Wei and Liang Chi- chao had no previous experience in
encouraged and various group discussions are being held occasionally. When the imprisonment. term is over, aftercare and rehabilitation are. available through the Discharged Prisoners Aid Society.
(c) Sha Tsui Detention Centre
Young people who commit the first offence are sent to Sha Tsui. Detention Centre for rehabilitation since it is not suitable to mix them with adult criminals in the other prisons.
** Life is vigorous in the centre and little or no privileges are allowed. The daily program involves 10 hours of engagement in physical labour and group counselling or remedial education classes in the evening. Whe never
of them shows no
but or is disobedient,
he will be punished. A monthly report of each offender on his behavior is prepared and reviewed by a review board. Given
that the progress 1s considered satisfactory his release will be recommended.
After the release, he is now under the supervision of an
Aftercare Officer who will find a job for him, However, he will be recalled if he fails to perform according to the supervisor order.
administration. Their "knowledge of Western
institutions was,
moreover, limited. In carrying out reforms, they were not tactful enough. In three months' time, they aimed at doing. away with all of China's problems at one blow. It was an attempt at achieving too much in too short a period of time. Both the Emperor and the
reformers offered poor leadership for the reform. vement. They failed obtain support and co- operation from the con- servative officaials
The lack of popular support from the common. people Reformers like Kang Yu-weik came from the scholar classes. They had little contact with and- enjoyed no support of the common people.
K
<'ang Yu-wei's radical ideas — To Confucian conservatives, K'ang was a traitor to Confucianism. Many moderate, reformers like Chang Chih-tung were frightened off by Kang's radical explanations of the Chinese Classics and radical reform programs.
vii. Conclusion, Many of the
reform measures were not actually practised, But one could doubt whether they would succeed even if they were really put into practice. The Hundred Day Reform was a sharp break with the gradual changes of the Self-strengthening Movement. The reform movement lacked. effective power and experienced leadership.
It invited all kinds of opposition.
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