1931-01-14 — Page 7

THE NEW CIVIL CODE FOR CHINA.

HON. FOO PING SHEUNG TELLS ROTARIANS OF HOW THE WORK WAS COMPLETED.

ILLUMINATING ADDRESS TO DISTINGUISHED GATHERING.

At the Rotary Club'a' luncheon yesterday the principal speaker wag Hon. Foo' Ping Sheung, who gave an interesting talk on the new Civil Code for China. The speaker was introduced by Sir William Hornell, Chairman of the Rotary Club.

Mir. Foo described each of the five books which comprised China's civil code. He regretted that the time at his disposal did not permit him to give a fuller talk on the subject, but he con- sented at the end of his address to answer questions of the sub- joet. Quite a number of questions were accordingly; asked and a full report of the speech together with the questions and answers will be found below.

Among those present were acting Chief Justice, Mr. J. R. Wood, and the Attorney-Genorni, Hon. Mr. C. O Alabaster.

CODE TO PROVIDE FOR 400,000,000

SOULS.

and wills.

HONG KONG DAILY PRESS, WEDNESDAY, JANUARY 14, 1931.

Sir William bimself naked, the speaker what eudo as in existence befora the Revolution and also what steps wore being taken by the Chi- news Government to put the: Code into force and whether it was how generally adopted in Court in China.

THE NIGHTWATCHMAN ON

INTERNATIONAL RELATIONS.

WITH APOLOGIES TO W. W. JACOBS,

[CONTRIBUTED.]

Mr. Foo replied that the code which China used before the Re- (volution was quito different. There Funny Zow peoplú 'il, go on argn, 'so as 'e'll fancy 'o's well off. Then weda what might be called a cada ing and arguing, when they' minst "'e'll come along and buy all the in the Tang Dynasty. It was 'n know they're wrong, but just be corn I can't get tid of, and 'e won't mixture of criminal, civil and oxeu-chus, it suits 'em. O' course, there be "ungry no more." tive laws. The code of the Sung are times when they can't 'clp it. That there, M.P. 'as been talking Dynasty followed closely to the code Arguing cost Ginger Dick thirty like that for a month of Sindays, of the Tang Dynasty and the Ching bob ones.. E 'would try to convince but 'e don't never explain 'imself, Dynasty had a cole which followed the Sergeant o' the Dock Pleece only keeps on arguing that what 'o more or less the Sung code. Chinn that 'e was'n' alleygayter, crawling says is right, and anyone what began her legal reform in 1804. A about 'on is 'ands and knees, and don't agree with im is a lot of criminal code was drafted at the opening, and shutting is mouth. perishing slave drivers, grinding end of the Ching dynasty by well. It was all armless mind you, till the face of the pore Indian and 'is known Chinese lawyers like the late 'e 'nd a fancy to take a bit outtoiling pals in China. But bloss Dr. Wu Ting Fang. From 1964 ti the Sergeant's leg. But that you, 'e don't never tell you why. - wards, the law applied in Chinese wasn't reely what I was thinking cams were more or less the Sting about. code and was based on the decision of the Supreme Court at that time, and the decision of the Supreme

い

It's all that thore American M.P. Fair makes me sick sometimes to car about 'im. Suppose you was

Now one of those Cold. Storage Court chaps 'e told me the trouble was everyone. 'ad got too much silver already, leastways, there was so fauch of it lying round, that it was getting to be 'ardly worth the picking up, and arder and 'ardor to swap for anything else. Nearly everyone else 'ad got ill of ́trast of theirs long ago, which was one of the reasons there was so much of it to be 'ad now. Sounds reason- ablo to nife, any ow, and I'll b blowed if I can tec 'ow sending a few more cargoes of it, to people, co nie 'ving à job lo got rid of what they've got already, is going to 'cfp 'em any,

Mr. Foo Ping Sheung said:-

Book 6 is on inheritance, and wis

I have chosen, the Chinese Civil

promulgated on the 26th of last Court in turn was given on pria-going down the Strand, and a ́month. It contains 89 articles | ciples of Western Inw

feller comes up to you, and says Code as my subject not only be and deals with heirs to pro This codification," said Mr.a uncle in Australia 'as loft 'im cause I have been cracking my brain perty, succession to property Foo, is not a new thing imposed a thousand pounds to give way to arver it for the Inst two years, not only because by its promulgation'

The scope of the code has hoen on China. In fact, the new Chi- deserving, pore, and would you 'oip our Clovernment has performed its enlarged to make it a civil and com.nese legal knowledge was introduced 'im to. Why, like as not you'd give When we'in in charge, and 'e'd get six obligation to several foreign powera, mercial ends while having separate into China from 1004. but because its promulgation bas laws for negotiable instruments, in started our codification work, we months, and a few kind words in opened up a new era in Chinese surance, commercial companies and had a good deal of reference from the "Noos o' the World." But if our Supreme Court decisions" an American M.P. gela on the sume legal history, and it serves as the maritime law.

Regarding the enforcement of the tack, and I can't see as 'ow this most interesting study in our social

New Code Explained.

code, Mr. Foo repeated the dates on Pitboy or whatever they call 'im development which has followed the I have no time to day to deal with which certain of the five books had is so much different, why all the opening of our country and the in-the substance of the Code, but I already como into force. He add-pospapers takes im up, as solemn

But there you are, the big mistake troduction of western idem. I may may say a few words about its od: When we were asked to draft as a Board of Trade Enquiry, and that most "confidence men" makes safely any that the East and the nature. Our late lender, Dr. Sun the civil code, we were quite aware you can't read nothing else for is that they think everyone except West, the past and the prosent Yat Sen, has on several occasions of the responsibility put upon our weeks.

theirselves was born yesterday, and meet in this code:

brought out the point that the old shoulders. We knew that more than I ask you, what does 'o say, "My when they find out they wasn't, China began her codification work Chinese conception of inw Was 40,000,000 Chinese would be study-eart bleads for my pore Chiness they gets angry and uses langwidge. res for back no 1004. While a very already ahead of that of the westerning our cols every day and that brother. 'E's 'ungry, and e's hard From some of the remarks as 'as good criminal code and several i logists. Occidental legislation is what we had to do was to try and up. What can I do to 'alp 'im? dropped from Mr. Pitaboy and other laws have been promulgated essentially individualistic; it is in-

make law to govern the everyday life of 400,000,000 souls. We felt As it 'appens I've got a lot o''is feller M.P.'s I should say trade the civil code was found to be too tended to protect the rights of the the responsibility and, therefore, we silver I can't get rid of, but not in rich uncles from Australia in difficult This was because our individual and to let them freely have taken unusual pain over the knowin' no better, 'e thinks silver's getting to be not what it used to codification work." Regarding the

social order was so much different develop. The traditional Chines last two books, Mr. Foo said that money, so I'll leud im all I've got, be.

·ILM.

Five Books in New Code.

The code is divided into five

*books:

point out a few here:-

Courts.

AVIATION IN HONG KONG.

OPENS OFFICE.

:

CORRESPONDENCE:

CATHEDRAL HALL NAVY DANCE,

DALLY PRESS."]

-

Bia, A signal was received, from the Admiralty yesterday forbidding the attendance of Navy personnel at any dance for the space of one account of the Court mourning for the Princess Royal

This makes it unfortunately neces sary to cancel the dunen fixed for

month on

Will the ladies who had kindly

intended to be present please accept this notification, with apologies for etc.,

its unavoidable lateness 1-Yours,

H. V. KOOP.

from that of the ovvident, and any legislation, On the contrary, is those will probably be in force by Booist change by force when the time familine. The new Chinese legin-October 10 this year. is not ripe, is bound to failure. lation, based on the Three Prin In answer to a question regard- The social condition in 1904 has ciples, racial, democratic and econo- said that with regard to the Civi ing the legal professions,, Mr. Foo not yet been sufficiently developed mie, is going a step further and Code, the legal profession had to to such a stage as to be able to has a deliberate social character. study it because it would be applied to the Chiness Court. They had to admit any fundamental changes. Our party considers men not as etuds a How Chinese law. " OF

[All letters intended for publik Nor was the time ripe in 1914. That self-contained entities, but in re course," added the speaker, "the LARGE AMERICAN COMPANY | cation must be accompanied by the is why my late uncle and venerable lation to the society which they legal profession will find certain excutive laws for them. We are chief, Dr. Wo Ting Fang, and my form. It assigns to them rights and thinking at the same time to reform

name and address of the writer, nul for publication, unless so desired, internationally known learned duties only in so far as the exer- our court system, the constitution

but as evidence of good faith.-ED.] friend, Dr. Wang Chung Hui, had cise of such rights and duties tend of our courts and so forth. We have Mr. A. W. Summers, formerly

not made any decision upon this failed to produce a Civil Code for to pacific an orderly progress of yet, but no doubt vo have to make connected with Messrs. Thos. Cook

Conditions have changed, and the community. It restricts their certain reformation." **

& Bon, Ltd., who was the first Hon. changed rapidly, during the last ten activities when they would be horm

The Hon. Mr. Shenton naked whe-Secretary of the Hong Kong Flying years, and, when the Legislative ful to the group,

ther the code was based on any Yuan way format three years ago,

foreign code and whether it was to Club, has been placed in charge of the time was found to be ripe. A

We have adopted, therefore, three be enforced in all the courts of the South China headquarters ol special commission was appointed principles which we have followed China or only in the re-organised the Aviation Division of the L. (TO THE EDITOR OF THE." HONG KONG by the Government and the whole throughout our whole code. They

E. Gale Company, Federal Inc., code was finished and promulgated are (1) restrictions on the exercise

New Code Throughout China.

U.S.A., of Shanghai and Hankow. last month

of rights (2). the principle of Mr. Foo replied that the code will Mr. Summers has opened offices in humanity, ie, the protection as far be applicable in all the Courts of as possible of the weaker party, and China. The code was taken more Union Building us from the Grat of

or less from the German and this month. (3) the equality of sex.

With regard to the first principal adopting the Continental system..

Japanese codes because China was In little less than two-years in Book 1 is on General Principles and of restricting the exercise of rights, in many respects, however, China's the neronautical business in China, was promulgated on May we have a whole chapter with seven codo differed from the German code. the L E. Gale Company has sold 1929, to come into forca on Oc articles on Book 1, provisions on tober 10 of the same year. It chapter 9 of Book. 3 dealing with here were far too many details in and delivered over 75 aeroplanes. contains 189 articles dealing with

the German code and it left prac- the general parts of the code ownership and several other provitically nothing to the discretion of Recently a deal was completed with to-night.

sions. such na (1) Application. and

The application of our second the judges" We found that to be the Canton Aviation Bureau for the interpretation of law, (9) Por- sone, (3) Juristic Acts, (4) Ex principal is much more frequent too difficult, so we have adopted purchase of six Wara Military type

thio general style of it but actually tinctive prescriptions, (6) Exer-In fact it is to be found throughout we differ from it in a great many aeroplanes, powered with 240 h.p. cisa of rights..

the whole code. However, I may respects. In the first book, we have motors, and two Model B-s Ryan Book is on obligations and was In articles 203 to 207, the legal adopted their style but we have got commercial ships. Both Byans aro

less than one-third of their articles. promulgated on November 21, rate and maximum rate of interests In the second book we differ from at present operating on the Canton- 1920, to come into force on May have been fixed, 5, 1930. It contains 604 articles Article $18 provides that (on paymercial inatter in this book while vision of the Canton Government.

them also because we include com Wuchow airline under the super- and is subdivided into two ment of damages) when the injury they have given a separate book chapters. The first is on Gen was not caused intentionally or to commercial matters. In the third in Chian as evidenced by the num

Aviation is making rapid striden eral Provisions dealing with through gross negligence, if its book we found that we could not her of airplanes taking part in the sources, objects, effects of ob paration would seriously affect the take anything from foreign codes ligations, plurality of creditors means of livelohood of the person teenuse the land system in China recent uprising in the North With and debtors, and transfer and responsible for it, the Court mays peculiar to China, and we could the cessation of hostilities attention extinction of obligations. The reduces the amount of the damages. second is on particular kind of Our provision on Book 2 donling not enfely make any fundamental is being diverted from the develop-

Estate in Hong Kong worth obligations dealing with sales, with lease, protects more the in changes We found that some of ment of military action to commer exchange, current account, gift, terests of the lessee. Similarly, our our old Chinese custom was fairer.cial enterprise. The field of endea $10,500 was left by Mr. Cocil Percy Isuse, lean, hire of services, provisions dealing with the hire of In many respecte, therefore, we have your is very large indeed, due to Dawson, retired from the Chinese hire of work, publication, man services, protects the interests of retained our old Chinese custom. the mengreness of transportation Maritime Custonus, late of 100, who died on November 12, 1030. date, manager and commercial the employee. Between the editor The family and inheritance law was facilities afforded by the few rail Avenue Du Roi Albert, Shanghai, agents, brokerage, commission and the author, our provisions are done purely from our old Chinese and water routes existent.

Business men in China will wel-Rosealing of certified copy of agency, deposit, warehousing much more in favour of the author, customs. We found it dangerous. curringe of goods, carriage of The holder of Tung Tien is well to import a foreign code regarding come the establishment of mail and probate dias bean granted to Mr. D. passengers, forwarding agency, protected by Chaptor. 4 in book 3.

the family and inheritance ques passenger air lines to the important J. Lewis, of Messrs. Johnson, Stokes partnership, stooping, partner. As to the third principle; that of tion. While we have made constant centres in the interior, enabling and Master, who is attorney for the ship, orders of payment, oblign equality of sex, we have given to reference, to many codes, we have them to be in closer and more in widow, Pauline Louis Dawson, of tion to bearer, life interests, our fair sex every right and retained in many respects our old timate touch with their sub-agencies. Shangbai, The late Mr. Dawson.

A welcoming hand is extended to was formerly of Victoria, Canada. compromise and suretyship. privilego that the stronger sex have Chinese customs.

Loonl estate to the value of $1,000 In regard to a question as to the Mr. Suramers, for his success may Book 3 is on rights over things and enjoyed, and this is no easy task

was promulgated on November for us in the civil Codification system of registration of births and indirectly mean much in the way was left by the late Mrs. Margaret the Matilda Hospital on January 30 to come into force at the Commission who have to work out deaths. Mr. Foo said that that was of facilitating business operations Broaddus, msisionary, who died at same time as Book 2, that is to the details, especially in our family the work of the administration. Be and communications in China

The L E. Gale Co.'s offices are 31, 1030. Letters of administration gistration was one of China's most say on Day 6, 1030. It contains and inheritance law. We congratu- difficult problems as it was found located in Shanghai, Hankow, Tien-have been granted to her husband 210 articles dealing with owner-lato ourselves, however, that our ship, superficies, Yung Tien, family and inheritance laws hava that to set up a registration office tsin, Chungking, and they are re- Mr. Emmett Lackey Broaddus, also servitudes, mortgages, pledges met with the general approval of in every district in China at the presentatives in the Far East for missionary, living at No. 26, Po lien, right of retention and our fair sox and as you know, to present time was a task that was the United Aircraft and Transport Kong Road, Kowloon City.

Chung Lam, formerly employed blading in the bar hood look to almost impossible. A apreial law Corporation, Detroit Aircraft Cor-

The bien dearted for me rigrote voting Vaccio Comp

vendor bra Gheen Mathip Company, and the Chupany of Manila, who died-in- ook-4′ zz on family and was pro this world

tion question History of Chinese Law.

At the conclusion of Mr. Foo's Warner Aircraft Corporation. testate at No. 18, Yunnan, Laine, Į mulgated on the 20th of last month. It contains 171 articles. At the close of Mr. Foo's address, remarks, the Hon. Mr. Shenton The Aviation Division is under the Yaumati, on or about July 16, 1930, dealing with, bosidos 'n general Sir William Hornell fold the thanked him for his interesting supervision of Mr. G. W. Brophy, left local ostate worth 83,200. Let provisions, marriage, parents gathering that Mr. Foo would be talk, and expressed regret that Mr. United States transport pilot, who bers of administration have been and children, guardianship. pleased to answer any inquiries that Foo did not have more time at his has had many years of experience granted to the widow, Chung Trui maintenance, house and family members might like to make regard-disposal to give more details of in aviation throughout Mexico, Cen-Shi, living at the Yunnan Lane

tral America and the United States. I address. ing the new Code.

China's intoreating new code. Council,

Hong Kong, Jan. 13.

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