8
access at all times, nor that anything whatever should be done which might constitute an encroachment on Chinese rights. All they ask is that the house of detention used for imprisoning debtors should be open to inspection on the part of interested parties, Chinese, as well as foreign, at such times and hours, to be fixed beforehand, as may be convenient to the prison authorities. If the Regulations are amended so as to provide for this, the Consular Body will be satisfied.
5. Summoning of Guarantors.
The Consular Body accept the explanation given on this head.
6. Limits of Jurisdiction.
These have now been clearly stated in the Memorandum drawn up by the Shen Pan Ting.
9
489
Board will also supervise the conduct of the judicial officers of the Court, and correct any errors in their judgments. The duties of this Board will in fact be identical with those of the similar institution in Japan.
"The General Regulations of the Courts conform to the rules submitted to the Throne by the Board of Law and approved.
"These Provincial Courts have now been in working order for the past six months, and we, the Viceroy and Governor, have found that not only have the former accumulation of ill-practices been swept away, but that the administration of law, under the new method, is of a high standard. We therefore think that the foreign officials resident in Mukden should be informed of the establishment of the new Courts, so as to cement our relations of mutual friendship. The Commissioner of the Foreign Office should therefore address a despatch to each foreign Consul, and at the same time send him a copy of the Regulations for the establishment of the various grades of Courts and of the Board of Revision."
In accordance with these instructions, I have the honour to communicate to you the above information and at the same time to transmit, for your perusal, a copy of the Judicial Regulations.* A necessary despatch.
(Seal of the Foreign Office)
(No. 51.) Sir,
Inclosure 7 in No. 1.
Acting Consul-General Willis to Sir J. Jordan,
Mukden, June 27, 1908. I HAVE the honour to submit copies of correspondence that has recently passed between the Commissioner of the Foreign Office and myself with reference to the establishment of Judicial Courts in the Province of Fengtien.
I have, &c.
(Signed)
Inclosure 8 in No. 1.
ROBERT WILLIS.
T'ao Ta Chun to Acting Consul-General Willis.
June 15, 1908. I HAVE received instructions from their Excellencies the Viceroy and Governor to the following effect :-
"Whereas the advance of civilization is shown by the difference in the gain or loss to the State; and whereas both in the East and West all countries have separated the executive and judicial functions to the increase of the happiness of their subjects, and the strengthening of the power of the country's law, China has recently been ordered to make preparations for the separation of the administrative and judicial duties. Further, a special Decree was issued by which the Board of Punishments was changed into the Board of Law with general control over the judicial affairs of the whole country. In each province the 'An Ch'a Ssu' (Provincial Judge) has been changed to a Ti Fa Ssu (Judicial Commissioner), who will supervise the administration of justice throughout his province. At Peking the 'Ta Li Yuan' has been established as the highest Court of Appeal in the Empire.
"As regards the establishment of the various grades of Provincial Courts, the three Eastern Provinces have led the way as an experimental measure, and the eyes of all within and without the four seas are upon them. We, the Viceroy and Governor, in humble sympathy with the earnest desire of the Court for reform, have planned to carry out the great scheme under which foreign countries have secured a peaceful administration, and on the 1st day of the 12th moon of Kuang Hsü, 33rd year (4th January, 1908), established at Mukden a Provincial Court, also a Court for the Prefecture of Fengtien and six Courts of First Instance. These Courts will have jurisdiction over all civil and criminal cases arising within the limits of the province; the various cases in proportion to their relative importance will be assigned to and decided by the proper grade of Court. In all there are four grades of Court (including the Ta Li Yuan), and thus there are three appeals.
"To each Court will be attached a Board of Revision, the duties of which will be to sift the evidence in criminal actions and prepare cases for the prosecution. The
Inclosure 9 in No. 1.
Acting Consul-General Willis to T'ao Tu Chun.
Sir,
June 23, 1908. I HAVE the honour to acknowledge the receipt of your despatch of the 15th instant, in which you inform me of the establishment of new Courts of Justice for the Province of Fengtien.
It is with great pleasure that I learn that the new Courts are proving a conspicuous success, and that the administration of justice has, since their establishment, been facilitated and improved,
I am communicating the contents of your letter, through His Majesty's Minister, to His Majesty's Government, who, I need hardly assure you, take a keen interest in any measures, undertaken by the Chinese Government, likely to insure the progress and development of the three eastern provinces.
0
I have, &c.
(Signed)
ROBERT WILLIS,
*Not included.
1
8
access at all times, nor that anything whatever should be done which might constitute an encroachment on Chinese rights. All they ask is that the house of detention used for imprisoning debtors should be open to inspection on the part of interested parties, Chinese, as well as foreign, at such times and hours, to be fixed beforehand, as may be convenient to the prison authorities. If the Regulations are amended so as to provide for this, the Consular Body will be satisfied.
5. Summoning of Guarantors.
The Consular Body accept the explanation given on this head.
6. Limits of Jurisdiction.
These have now been clearly stated in the Memorandum drawn up by the Shen Pan Ting.
9
489
Board will also supervise the conduct of the judicial officers of the Court, and correct any errors in their judgnients. The duties of this Board will in fact be identical with those of the similar institution in Japan.
"The General Begulations of the Courts conform to the rules submitted to the Throne by the Board of Law and approved.
<<
These Provincial Courts have now been in working order for the past six mouths, and we, the Viceroy and Governor, have found that not only have the former accumula- tion of ill-practices been swept away, but that the administration of law, under the new method, is of a high standard. We therefore think that the foreign officials resident in Mukden should be informed of the establishment of the new Courts, so as to cement our relations of mutual friendship. The Commissioner of the Foreign Office should therefore address a despatch to each foreign Consul, and at the same time send him a copy of the Regulations for the establishment of the various grades of Courts and of the Board of Revision."
In accordance with these instructions, I have the honour to communicate to you the above information and at the same time to transmit, for your perusal, a copy of the Judicial Regulations.* A necessary despatch.
(Seal of the Foreign Office.)
(No. 51.) Sir,
Inclosure 7 in No. 1.
Acting Consul-General Willis to Sir J. Jordan,
Mukden, June 27, 1908. I HAVE the honour to submit copies of correspondence that has recently passed between the Commissioner of the Foreign Office and myself with reference to the establishment of Judicial Courts in the Province of Fengtien.
I have, &c.
(Translation.) Sir,
(Signed)
Inclosure 8 in No. 1.
ROBERT WILLIS.
T'as Ta Chun to Acting Consul-General Willis.
June 15, 1908. I HAVE received instructions from their Excellencies the Viceroy and Governor to the following effect :-
"Whereas the advance of civilization is shown by the difference in the gain or loss to the State; and whereas both in the East and West all countries have separated the executive and judicial functions to the increase of the happiness of their subjects, and the strengthening of the power of the country's law, China has recently been ordered to make preparations for the separation of the administrative and judicial duties. Further, a special Decree was issued by which the Board of Punishments was changed into the Board of Law with general control over the judicial affairs of the whole country. In each province the "An Ch'a Ssu' (Provincial Judge) has been changed to a Ti Fa Sau 3
(Judicial Commissioner), who will supervise the administration of justice throughout his province. At Peking the Ta Li Yuan' (?) has been established as the highest Court of Appeal in the Empire.
"As regards the establishment of the various grades of Provincial Courts, the three Eastern Provinces have led the way as an experimental measure, and the eyes of all within and without the four seas are upon them. We, the Viceroy and Governor, in humble sympathy with the earnest desire of the Court for reform, have planned to carry out the great scheme under which foreign countries have secured a peaceful administration, and on the 1st day of the 12th moon of Kuang Hsü, 33rd year (4th January, 1908), established at Mukden a Provincial Court, also a Court for the Prefecture of Fengtien and six Courts of First Instance. These Courts will have jurisdiction over all civil and criminal cases arising within the limits of the province the various cases in proportion to their relative importance will be assigned to and decided by the proper grade of Court. In all there are four grades of Court (including the Ta Li Yuan '), and thus there are three appeals (†).
"To each Court will be attached a Board of Revision, the duties of which will be to sift the evidence in criminal actions and prepare cases for the prosecution. The
Inclosure 9 in No. 1.
Acting Consul-General Willis to T'ao Tu Chun.
Sir,
June 23, 1908. I HAVE the honour to acknowledge the receipt of your despatch of the 15th instant, in which you inform me of the establishment of new Courts of Justice for the Province of Fengtien.
It is with great pleasure that I learn that the new Courts are proving a conspicuous success, and that the administration of justice has, since their establishment, been facilitated and improved,
I am communicating the contents of your letter, through His Majesty's Minister, to His Majesty's Government, who, I need hardly assure you, take a keen interest in any measures, undertaken by the Chinese Government, likely to insure the progress and development of the three eastern provinces.
0
I have, &c.
(Signed)
ROBERT WILLIS,
*Not inclused.
1
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