29
28
Appendix No. 6.
REPORT ON THE VILLAGE COMMUNITIES ORDINANCE OF CEYLON, No. 24 of 1889. We have considered in detail the Ordinance relating to Village Communities, s printed in the authorised revised edition of the Ordinances of the Government Ceylon, and we believe that in principle it is admirably adapted for the village communities of China, that it would be quite suitable if adopted en bloc, with the exception of those small portions dealing with circumstances peculiar to Ceylon, the necessary modifica- tions being made afterwards as experience showed their necessity. We think, however, that the limits of the jurisdiction grauted to village tribunals may be greatly enlarged without any fear of injustice or oppression. The Chinese have been accustomed for centuries to a very extended system of local government, the Imperial officers confining their attention almost solely to the collection of revenue and to the suppression of armed piracy and brigandage. There is never any attempt to deal with individual crimes unless complaint is made, and on account of the extensive and universal corruption of the official class and the consequent suspicion and distrust on the part of the people, complaints are rare, and it is in this way that the village tribunals of China have acquired the very wide powers which they now exercise both in civil and criminal cases, and the village communities a thorough training in local government.
We recommend that in civil cases the village tribunals be given authority to hear cases in which the debt, &c., does not exceed 100 dollars, and also all actions in which Where the the title to land, de., which is in dispute does not exceed 200 to 300 dollars consent of both parties is obtained, the limit might be raised to 500 or 1,000 dollars. These powers, large compared with those of the village tribunals in Ceylon, may still be safely granted. There is ample provision for a dissatisfied party to obtain redress in the leave granted to appeal to the Government Agent in the first instance, and ulti- mately to the Governor in Council.
At present the shan-sz (gentry) and elders of a Chinese village are in the habit of settling disputes about property the value of which is much in excess of 300 dollars, and we believe that the village tribunals will be able to deal with such questions to the satis faction of all parties, and far better and at very much less expense than if the case were heard in one of the ordinary courts of law.
As regards debts, &c., Chinese are in the habit of borrowing what are, considering the rate of wages, &c., in China, very large sums for the burial of their dead and for the marriage of their children, and these debts, mostly contracted in a peculiar way, viz., by money loan associations, can be better proved in a village tribunal than elsewhere.
Section 32.-We think that a maximum penalty of ten dollars for bringing a false or frivolous case is not too much.
66
Section 36.-After "oath" insert or declaration." Section 52.-A reference to Sundays and public holidays will only puzzle the untry people, who do not observe them. Let the petition be made within 15 days, irrespective of special days.
We consider it most important that all officers under this Ordinance, councillors, and village committeemen should be born or naturalized British subjects, and that all persons now resident in the territory should be permitted to be naturalized; but to prevent persons attempting to claim both nationalities as it may suit them, and to ensure the loyalty of Chinese naturalized as British subjects, a list of Chinese naturalized should be furnished to the Chinese Government.
A. W. BREWIN.
Η ΚΑΙ.
214
Wei Ayuk
We hold that simple imprisonment 'has little deterrent effect on the ordinary Chinese, and that wherever possible flogging to a moderate extent should be substituted for it. The lower classes being extremely poor, and in constant want of the necessities of life, do not in the least mind imprisonment in a well-conducted European gaol, where they can get better lodging, food, and clothing, with the minimum amount of labour. It would be an extremely expensive item to provide sufficient gaol accommo- dation for the large number of Chinese seeking admittance as an effective means of relief to their necessitous condition in hard times.
26th August, 1898.
Appendix No. 7.
Translation:
ΤΟ ΚΑΙ. WEIG
[Aquit
A statement drawn up by the Magistrate of the San On district of Annual Revenue
derived from the whole of the San On district during the present financial year.
(Sent through the Consul to the Colonial Government.)
In criminal cases we recommend that the village tribunals be given power to flog on the breech with the rattan up to from six to a dozen strokes. At the present the village usloli. tribunals flog up to a very large number of strokes, but the flogging does not compare in severity to those administered by Europeans in Hong Kong. As a summary punish- ment this flogging is very effective, as there is much disgrace attached to it, and as it is not accompanied with any serious cruelty.
We suggest below certain minor modifications,
Section 3-" Natives" shall mean all Chinese by descent, and shall not include, those whose father is non-Chinese. We wish the ordinary Eurasians not to be entitled to the benefit of this Ordinance. Neither by association nor training are they fitted to be placed in the same class as the ordinary Chinese on the mainland and under the same institutions.
Section 6 (10).-Omit.
Section 6 (20).—Omit, but insert some provision by which the villages may regulate or prohibit the sale of European wines and spirits.
small.
Section 14-Fifteen days' notice will be quite sufficient, as the new territory i
Section 16--For six men substitute five men. An odd number is preferable for voting.
Section 23-For police headmen substitute police, including tfipó and kangfú. Section 28 is dealt with above,
Section 29 may be omitted.
Section 30-We do not think that the unanimous opinion of the Councillors shoul be over-ruled by the president, and recommend that if the councillors differ the presi dent should decide; but that, if the councillors are unanimous, the president should giv effect to their verdict.
Taxes derived from fields, hills, fish ponds, fisheries, &c., for the 24th year, for defraying expenditure of the district, and remittance to the Treasurer of Canton for transmission to Peking...
(2.) Customary registration fees and stamps for title deeds (3.) Licence fees from fishmongers on scales, weights, &c. (4.) Extra tax on land
This sum + premium on Syce money
(5.) Extra registration fees for transfers and assignments of land, &c. (6.) Tax paid in kind, Government measure Piculs 2833.3.6 (or
the
at Castor
Taels,
11392.6.2.6 50.0.0.0 100.8.0.0 1959.1.5.9
Taels 13702.5.8.5
Taels 19259.2,1.9
ordinary measure Piculs 7837.0.8)=12,245 bushels 1 pk. 3 qts. (7.) Land originally allotted to soldiers, now chiefly held by private individuals. (Fine rice, Pels. 424.4.0.9) 662 bushels 2 pks. (8.) Land originally allotted to soldiers, inferior in quality to No. 7.
Fine rice, Piculs 151.4.4.6 236 bushels
(9.) Contribution from Government land for sacrificial purposes (9.) Passage boat fees paid to the Government Treasurer and
Prefect of Kwong Chau
(10.) Rents derived from land resumed by the Government (11.) Rents from land devoted to support of colleges (12.) Rents collected from Tseung Kwan O shops for support of
foundling hospital
730.9.9.2
13600.1.2.8
1613.1.9.4
151.4.0.4
23.0.6.0
318.4.0.0 1746.2.5.7 741.9.3.5
148.6.7.2