52
This Document is the Property of His Britannic Majesty's Government.]
2
satisfactory and uniform mode of action, and to submit it to the Throne to be sanctioned and promulgated in due course. Where there are imperfections in the proposed scheme, they are to be amended from time to time in order to make it perfect. At the beginning of these changes, the appointment of Executive officers is a matter of the utmost importance, and hundreds of abuses would result from one piece of neglect. It is the duty of Viceroys and Governors to instruct those under them to arouse their energies and earnestly aim at reality, setting no value on the empty appearance. It is hoped that this change will harmonize with the existing form of government, and will be acceptable to public opinion, that Court and country may be at one, and that there may be mutual peace between Prince and people, and that this may be regarded as a genuine preparation for constitutional government.
(Translation.) (Abstract.)
Inclosure 2 in No. 1.
Imperial Edict, dated July 8, 1907.
THE principle of constitutional government is unity between those in high position and those of low degree. As success is aimed at, it is desirable to get a large body of opinion. All therefore who have real knowledge of how preparations should be made and initial steps be taken, are allowed to address the Throne. Those who have not the right to do so directly may do so in Peking through the Censorate, and elsewhere through the high provincial officials, But they are not to repeat what has already been said nor to be verbose. It is incumbent on officials and people alike to aim at a stable Constitution, and to make the nation prosperous and powerful.
C. 0.
32445
AFFAIRS OF CHINA.
CONFIDENTIAL.
Reca
Reg 10 SEP 07
[August 26.]
SECTION 3.
[28441]
No. 1.
(No. 25.) Sir,
Sir J. Jordan to Sir Edward Grey.-(Received August 26.)
Peking, July 8, 1907. WITH reference to my despatch No. 287 of the 12th ultimo, I have the honour to transmit to you herewith copy of the reply of the Viceroy of Nanking to the Shanghae Senior Consul's letter of the 7th May, respecting the desirability of introducing severer methods of punishment at the Mixed Court.
I have, &c. (Signed) J. N. JORDAN,
Sir,
Inclosure in No. 1.
Viceroy of Nanking to Senior Consul, Shanghae.
[Nunking, undated.] I HAVE the honour to acknowledge receipt of your letter relating to the increase in the number of crimes in the Settlement, &c. (despatch quoted).
Properly, the Mixed Court does not try cases in the same manner as Departmental and District Courts. According to Chinese law, no Tribunal, except Local Courts above Departmental and District Courts, may pass death sentence. The maximum sentence that the Mixed Court is able to award has therefore been limited to five When the offence is of sufficient years' imprisonment, in the Rules of the Court. gravity to call for more severe punishment, or for a death sentence, the offender must be sentenced to be sent to the Shanghae City Magistrate for trial and judgment. This Rule cannot be changed. As regards the abolition of the use of the bamboo, it is true that the Mixed Court is unable to inflict sufficiently strong punishments on robbers, vagrants, and other bad characters, and that these criminals become more and more audacious. The manner in which this state of affairs may be remedied, without abuses occurring, must be carefully considered by the Shanghae Taotai together with yourself and the Consular Body, so as to arrive at a satisfactory decision. Besides giving orders to the Shanghae Taotai I send you this reply.
[2621 cc--3]