1931-01-14 — Page 7

WEDNESDAY, JANUARY 14, 1931.

NEW CHINESE CIVIL CODE.

ADDRESS BY HON. FOO PING-SHEUNG.

Combining The East And West.

Sir William Hornell took the chair at the weekly tilin of the Hong Kong Rotary Club, yesterday, when the Hon. Foo Ping- sheung, heal of the Civil Codification Commission. Nanking, dressed the gathering on "The Civil Code In China."

THE CHINA MAIL.

NERVE CONTROL.

SECOND LECTURE BY DR. FENNELLY.

DON'T TELL FAIRY TALES.

↑

་

SHADOWS BEFORE

COMING EVENTS ANNOUNCED IN CHINA MAIL.

Social Functions.

NEW ADVERTISEMENTS.

DIVIDEND NOTICE,

HONG KONG & SHANGHAI BANKING CORPORATION.

THE DIRECTORS of the Hong

To-day-Tea. Danoo st Hong Kong and Shanghai Banking Kong Hotel,

Dance,

"Nerve Control-Why you are nervous and how to correct it" was the subject of the second lectura which Was givon by Dr. P. Fennelly, LL.D., to a large audience at the City Hall last night.

To-night Dinner Dances at In his opening, Dr. Fonnolly de- Peninsula and Hong Kong Hotels. the numerous causes of Friday-Talkoo Club Annual ad-scribed

nervousness, and went on to warn Ball. the audience of the danger in telling Saturday-Old Bedfordian Din The President, in introducing the apenker, said that he was an fairy tales to children, and relating ner, 8 p.m. old student of Hong Kong University, and later had been both an children would grow up influenceshiremen Cabaret-Dir.ner

stories of imaginary fears. These January 23-Society of York- engineer and school master, before filling various administrative ap-by what had been told them in their Hong Kong Hotel, 8 p..

All fears, It gave him great youth. pointments with the Nanking Government.

began from childhood. pleasure to introduce him to Hong Kong Rotarians.

Regarding fear, the lecturer said that every man know how do deal with a real fear. It was a question! of fight or night. Real fear, how- ever, was not destroying humanity in the same way as imaginary fear. The feeling of an intangible fear la the terror of humanity-the fear of a danger that is always coming but never arrives.

A COMPREHENSIVĖ SUBJECT.

The Hon. Foo Ping-sheung, in | the course of a short address, anid that he had been asked when in Nanking to make an address to the Club, but was afraid he had chosen the wrong subject, Knowing nothing of the nature of the Club

he had thought that he might have at least an hour to speak in, but upon arrival in Hong Kong found he Wis only allowed fifteen minutes. However, last night he had been fortunate enough to get a

very good tip from an old Rotarian, who said he might half read his subject. He was going to accept half the suggestion, and read it in full (Laughter and Applause)."

Speaking of the civil code in Chinn, the speaker said that the fast few years had seen the dawn of a new era in Chinese legal his- tory. in the code now being pro- mulgated both East and West, and past and present, came together. The beginnings of it dated back to 1904, when examination showed that whilst the criminal code was satisfactory, the civil code was ton difficult for the times.. The social order, so different to that of the

Speaking of the equality of sexes. Mr. Foo said that the new Code gave the fair sex every right and privilege that the stronger sex enjoyed. That had been no easy task. "Our family and inheritance law has met with the approval of our fair sex, "he concluded," and as you know, to please a lady is the hardest thing in this world," (Laughter and Applause).

practically,

At

it Wa3

Theatra

Theatre

Entertainments. To-day Queen's "Our Blushing Brides."

To-day- Central "The Vagabond King."

To-day-World Theatre, "Love од the Lake"

(Chinese picture.

To-day

Star Theatro. "The Cohens and Kellys in Atlantic City."

To-day - Majestic Theatre: "Barnum was Right" and "The Devil's Fit"

Friday Concert, Helena May In- stitute, Kowloon, 8.45 p.m.

January 17 and 19-Theatre Royal; Dame Clara Butt.

Home Mails Friday-Inward from America and ports (President Jackson); from Europe via Suez (Kashgar):

(Kashgar), 6 p.m.

Dr. Fennelly said that psycho- togy was the only thing which could care cancer and consumption and many other forms of sickness. the conclusion of the lecture he was asked if paychology could cure broken leg. He replied that he was certain it could.

The doctor 1 treating a broken leg can only set Working of the Code.

the bones together, but Several questions were then put psychology which affected the heal-Outward for Europe via Siberia to the speaker, the President asking. ing what code was in existence be- Dr. Fennelly explained that when fore the Revolution, and also what a man was nervous, he lost a great steps the Nanking Government deal of energy.

He urged those were taking to put the Code into present to be lighters first and lastj force," Is it put into existence 28 and to try and remember a slogan roon as it is endified." he asked, for everyday use in these words: "and has it now been adopted in "'m a fighter, I'm a fighter. I'm a the Chinese Courts?"

fighter."

Mr. Foo replied that as regards the old days, the legal system was a difficult one. There was a kind

of

Code in the Tang Dynasty. which was a mixture of criminal, civil, and executive taw. The Sung Dynasty followed

closely

TO-DAY'S LECTURES.

For Women Only And Men Only.

To-night, in the Theatre Royal.

Meetings. To-day Meeting of Gradu- ates in the Great Hall of University, 5.15 p.m.

the

To-day-Annual General Meeting John's Cathedral Hall, 5 pm. of Boy Scouts' Association, St.

Sports.

Seo Diary on page 8.

Miscellaneous To-day Theatre Royal-Lee tures by Dr. P. Fennelly, 6.15 p.m.. "For Women Only";, 9.15 p.m., "For Men Only."

Thursday Belilios Public School

upon that model, and the ecde of Dr. Fennelly will deliver two lec-distribution of prizes. the Taing Dynasty

was more ortures. The first at 6.15 to women

of Nations" by Mr. Bascombe John- To-morrow-Lecture on "League

Occident, was rapidly changing; less based upon that of the Sung only and the second at 9.15 to menson, St. John's Cathedral Hall, 6.80

yet even in 1914 it was felt that the time was not yet ripe for codification on new lines.

However, times had changed,

and changed rapidly, in the last ten years, and when the Legista- tive Yoan was formed in Nanking three years ago. It was felt that the time for a new civil ende had

arrived, with the result that special Commission was appointed to go into the matter.

Five Booka.

મ

The new Code, the speaker ex- plained, was divided into five

provisions.

only.

p.m.

Since the legal revolution begin- In these lectures the effort will ning in 1904, the Tsing Code had be made to show the individual been modified, although the

application of psychology to parti- criminal Code had been drafted at eular phases and conditions of SKULL EXHIBITED IN

the end of the Tsing Dynasty by famous Chinese lawyers. But be be to indicate the value of present

The purpose of euch lecture wi ginning in 1904 the law as applied day knowledge in the solution of to Chinese cases had been based the many serious problems of man- on decisions of the Supreme Court, hood and womanhood. which were influenced by Western law.

There is no charge for admis From 1904 the system of alon. A collection will be taken to case law had been something like heip to defray expenses. that of the British. "We had, in fact, though not a Code, until ro-|

Books, the first dealing with procently, a series of Court decisions THE STEEL CARTEL,

Cohen: "They snatched my tie with my diamond pin in it.

It was

blue stripes."

a very valuable one-grey silk with

Smith's Weekly, Sydney.

based on foreign principles. This codification work is, therefore, not altogether a new thing in China, for, in fact, a new Chinese legal; knowledge was introduced as from 1904. When we started our work

PRESENT REGIME TO BE EXTENDED.

COURT.

Corporation announce that, aubject fo audit, the Dividend und Bonus for the half year ending December 31. 1930, will be:-

Dividend £3 per share.. Bonus £1 per share.

Add to Silver Reserve Fund

$500,000. Write of Bank Premises $1,000,-

000.

And carry forward to next year

about $3,420,000.

PUBLIC AUCTION

THE Undersigned have received Tinstructions to sell by Tubile Auction

ON

THURSDAY, January 22, 1931. commencing at 5.15 p.m.

at their Sales Room, 4. Duditell Street,

A Fine and Valuable Collection of POSTAGE STAMPS,

Chinn, British Colonies and Es- pecially Large Varieties of Hong Kong, Queen Victoria. King Ed- ward and Jubilee errors Including tall "K".

On View from Monday, January 19, 1931.

Terms: Cash on Delivery.

LAMMERT BROS..

Auctioneers. Hong Kong, January 14, 1931.

AMERICAN

Chemical Diamonds are equal to real hardness. Cut glasses like real dia- diamante in brillianey, lustre and monds. Proof against Bro, steel. Ale and natrie azid. Price per H.K. 35 nett. Terms Cash or C.O.D. The

carat

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P.O.. Box 360. PENANG, STRAITS SETTLEMENTS.

£ailure Law Seng.

of the accused to catch

Men Discharged.

Mr. Bradley aubmitted that if their Lordships did not agree with hm the charge might be altered to one of failing to report to the

Appeal Succeeds Against police.

Death Sentence.

The skull of a murdered man was one of the gruesome exhibits a the Court of Appeal Kusta

Mr. Justice Burton: They have not been charged.

Mr. Bradley; I submit that it is obvious that when a person is charged under section 201 he could at also be charged under section 202. Lumpur, when Low

The Chief Justice intimated that Seng, alius Low Seng, appealed the appeal would be allowed for the against the death sentence. passed ovidence clearly showed that the.ac. by Mr. Justice Mudle for the mur-cused tried to catch Law Seng and der of Law Teck at Bukit Melin having failed buried the corpse, Paris, December 8.

tang, Lubok China, on January 1. and it could not be presumed that The management committee of

Chen Nam Teng. Cheng Nam they tried to screen the first we had a great deal of references the international steel truat has Lee. Sin Yap and Juan Hai Kit niso accused. to our Supreme Court decisions, decided on the extension

Nor was there any justi- connection with the fication for and most of the provisions of the present regime for another year.

of the appealed in

the presumption that Bame offence against senterices they had no intention of giving in- completed Code are

In the first quarter a reduction ranging from six months to three formation to the police, in fact they those decisions.”

will be effected in market prices years for concealing evidence of

had not been charged with that of from 25 to 30 per cent. the murder by burying the body. special committee will examine the

offence. The accused were accord- ingly discharged.--Straits Times. new proposals with a view to the

Enforcement.

Bimilar to

As regards enforcement of the Code, Book One had already been put into force. That concerned general principles. The Second Book was enforced na from May last year, and had been used by

were asked to

reorganisation of the cartel.

Registration Provisions,

A

Law Seng, who appeared in per son, said the deceased knocked him down and he, the appellant, picked up a bill hook to defend himself.

Mr. B. G. Bradley, D.P.P. for Negri Sembilan, said that the re-

Д

*

ZEPP" ON RAILS.

93 MILES AN HOUR WITH 40 PASSENGERS.

between Hanover and Celle,

This invention, by Herr Krucken- berg, is a combination of an that there might have been provoca- omnibus running on ralls and an A member having raised the tion, as alleged by the appellant, airship, and with 40, passengers on The court reduced the charge to board, it attained a speed of 93 question as to whether the

The vehicle has a Code provided for the registration culpable homicide, and commuted miles an hour.

of 15 four-winged propeller like, that of of births and deaths, Mr. Foo re- the death sentence to one

an altship or zeroplane, driven by a plied that the question was one of Scure Imprisonment, administrative law. Registration First on Murder Charge.

500 hp. motor. The of any description formed a dim-

who four "others

now

the Supreme Court from that date take anything from foreign codes. mains of the body showed a very in arriving at its decisions.

The land system in China, especi- large number of injuries, both the "But when we draft a social Code we were quite ally that of leases, is peculiar to wrists being hacked off and

the country. Some of our old large hole over the left temple. aware of our responsibilities. We Chinese customs we consider to be The injuries pointed to a de

The trial of what has been called a law to were trying to make

much more fair, and we are main-liberately cruel act, and Mr. Brad-a. "Zeppelin on rails" was succesa- govern the daily life of 400 milliontaining our old Chinose principles. ley illustrated his argument with fully mads recently on the railway visions regarding general princi-soula, and that is why we have The Books regarding family and the skull of the victim. ples of the law. The second dealt taken unusual pains. The laws as inheritance are entirely based on In view of the fact that there was with application and interpreta- regards family and Inheritance old Chinese custom." (Applause). no reliable witness of the crime and tion, and was divided into two were promulgated only last month. parts, the first dealing with We must give a certain time be- Bources, objects, and effects of pre we can enforce it. We werd obligations-in other words, more thinking of enforcing it about or less dealing with contracts; the May next, but I am afraid we may second portion concerning with have to postpone it to a later date the different kinds of application, possibly the Double Tenth," said males, exchange, current accounts, Mr. Foo. and so on-in fact, general com- Legal Profession's Position. mercial obligations.

As regards the legal profession cult problem. In enforcement of charged in the auto case were re- The third book of the code con- they would have to study the new the Code, however, they must have presented by Mr. F. A. Wright who cerned the Rights of Persons. Chinese Code, as it would be ap-registration,, but they had found explained that they were originally Book Four was most difficult of all, plied in all Chinese Courts. There that to set up registration offices in charged with murder. Later this dealing as it did with laws regard was an inclination to reform the every district in China was almost was withdrawn, Law Seng being the ing the family.

In this connection, charged with the crime and The Fifth Book constitution of Chinese Courte, but impossible. dealt with the law of inheritance. no definite decision had been the Commission had been thinking others with concealing, evidence..

Mr. Wright continued that the It would be seen, therefore, that reached up to his leaving Nanking.of, and in fact had already drafted, the old civil existing code had been But a reformation was undoubted-a special law as regards Registra- coolies on the estate when they

tion Offices. expanded into a civil and commerly necessary. clal code.

Not Enough Questions!

Answering questions put by the

were

A correspondent of the Frank- the furter Zeitung who went on trip says:

stuff.

One gets in and finds oneself in a construction of steel, wood, and Right and left are arm- chairs, and in the front, on a raised seat; is the driver, with all sorts of handles on a board; before him and pedals at his feet.

heard cries ran out to look for Law

The motor is set going, but the Sung but found him missing. After brakes are still on. The hum .Chinese Conception Superior. Hon. Mr. W. E., L. Shenton, Mr. The Hon. W. E. L. Shenton, In some considerable delay, there was ming of the motor increases, but Dr. Sun Yat-sen had said that Foo said that the style of the Code returning thanks to the speaker a discussion between the accused as the brakes still hold the car still.... the old Chinese conception of law was taken more or less from the for his address, said it was to what should be done with the Now the driver takes off the was ahead of the Western. The German, with some aid from the teresting to know that the Code body, and, it was decided to bury it brakes and the car starts, forward, Western Idea was fundamentally Japanese provisions. But in many would operate, throughout China. in the jungle.

slowly at firat. Extraordinarily Individualiatic, and concerned, the respects the new Chinese Code He had been favoured by Mr. Foo In answer to a queation from the soon it is going quickly. After. rights of individuals. In the new differed from the German, which with a copy of the Code, which he Chief Justice as to what were the half a minute It Is going at 41 Code in China, the fact had not was too minute in detall, and left had not yet had time to peruse, but intentions of the accused when they miles an hour. A few seconda been lost sight of that Chinese no discretion to the Judges. It he would read it with attention. buried the body Mr. Wright aut later the brakes have bean ppt on law subordinates the Interests of was also too technical.

I wish Mr. Foo had been asked mitted that there was no intention to stop the car at the end of the the individual to those of the Chinese Customs Adhered To. s few mora questions on this high- to screen, the first accused. Law track. family

***We have adopted the generally interesting subject," said Mr. Seng, as they gave chase but could

The next taek of Herr Krucken- The speaker than gave various style of the German Code," said Shenton, as there must be many not find him. On returning to the berg is to adapt the car, which is Instances, of the working of the Mr. Foo," but differ in a great more things he would have Ukad koogai,, however, they were now only constructed for straight new Code, stating that, for ronny details. For instance. In the to have told us. I personally wish frightened, and fearing they would rails, to negotiato curves. instance, a legal and maximum First Book we have less than one he had been allowed a full hour,” get into troude they burled the cade of interest was fixed in one third of the number of articles (Applause).

body.

of the books, Interests of em- and in the Second Book we difer, Previous to Mr. Foo's address, There was no evidence that the gloyees were protected more under In that we include commercial the President announced that accused had "finished off the de- the Code, as against the empleyes, matiere. The Germans have Dame Clara Bult and Mr. Hanger ceased, that tarm being, only used by and the interest of authors se separate book for them.

ley, Rumford would be guests of the informer who said that the de against those 447. fultora, ze

"Ip the Third Book we cannot the Club at the next tiffin.

ceased Mad been strangled, after, the

Dr. Armondo, Navarro, the new Portuguese Minister to China. presented his credentials to. Pre- tident Chiang Kai-shek in, Nanking a 11.80, a.m. 1st wea

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