COPY
B
Lionel Curtis Esq.,
Office of Mr. Justice Feetham
Room 341,
Administration Building,
Shanghai.
17th April, 1930.
c/o Royal Institute of International Affairs,
Chatham House,
10 St. James's Square,
London, S.W.1.
19
My dear Curtis,
I have many
I am sorry to have been silent for so long. things to write about, but this letter must be mainly devoted to the subject of which I have given you warning in a cable sent from Hongkong three days ago, addressed to you care of Areopagus, London, as follows: "Mailing Siberia important proposal law school Hongkong"
I am afraid you will think I have delayed unduly to deal with the question of some plan for providing better facilities for legal education for Chinese students. I received Masujima's memorandum which you sent from Japan (and also the other document
(extract from the draft of your Shanghai memorandum) which was sent through the Legation). I received a second copy of Masujima's memorandum in a letter from you from Honolulu. glad now, however, that I did delay writing on this subject until I had had time to visit Hongkong and discuss the question there. This letter can only be a rather hurried statement of views on the subject, and must be devoted mainly to what I have gathered at Hongkong.
I am
First of all, as to Masujima: I am not inclined to throw his memorandum altogether on one side. There is something rather fine and touching about this enthusiasm of an old Japanese lawyer for the British common law and the standards and traditions of the British bench and bar. He is on the wrong track in so far as he suggests that the legal reconstruction of China can be accomplished without codes. China is completely committed to the introduction of new codes which have already been produced in formidable volume, and it is obviously essential that China should have codes for the purpose of transplanting to China the new system of law which she has decided to adopt in place of that embodied in her ancient text- books and customs.
Masujima is also wrong in his idea that the Chinese lawyers of the future can be trained to any great extent by sending them to study at the Inns of Court. That can only be the lot of a favoured few. Some scheme which will deal with larger numbers,
But and at some place nearer home, is obviously essential. Masujima is quite right in the argument implied if not stated in his memorandum as to the importance of judicial decisions in interpreting and applying the codes; as to the need of proper legal training for members of the bar and the bench who are to take part in this work; and as to the wisdom of recruiting the bench from experienced members of the bar. His views, of course,
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