RAS-1995 — Page 39

RASHKB Journal 皇家亞洲學會香港分會學刊 All AI Reviewed

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frequently in consultation with rural committees and village representatives." For example, during the year 1956-57, of 138 land disputes which the District Officers dealt with, 30 were settled through rural committees or other local bodies, 92 were settled out of court and 16 were decided in court.” And in the following year, of 112 land disputes, 19 were settled through rural committees or other local bodies, 70 were settled out of court and 23 were decided in court. The method of disposal of one such case is recounted in the District Commissioner's report for the year 1948-49:

"For the first time since 1913 a land dispute, which had dragged on for nearly a year, was resolved when one of the parties satisfied the District Officer Taipo of his good faith by decapitating a cock in a local temple, a supreme test of honesty. As the dispute was not formally heard under Part II of the Ordinance, the legality of this expedient will fortunately not be subject to review by a Judge.

1920

Thirdly, the Full Court ruled that it had no jurisdiction to entertain a further appeal from the decision of a judge of the Supreme Court under section 23 of the New Territories Regulation Ordinance, 1910,

There are, however, a further eight unreported cases of the Supreme Court sitting in its appellate jurisdiction from decisions of the land officer in land cases arising in the New Territories. The cases all date to the first post-war decennium until 1956. The pre-war records of the Supreme Court were destroyed during the Japanese occupation 1941-45; and since 1956 there has been no appellate proceeding of this type.

Without proof by evidence in court, it would clearly be dangerous to rely upon works describing customary law obtaining generally or in certain areas of China in the past, as information as to customary law obtaining in the New Territories for Chinese customary law "is subject to divergencies not only from Province to Province but sometimes from clan to clan in the same neighbourhood." Such books may have some comparative value. It is, however, to be regretted that it is difficult in Hong Kong today to trace even one copy of those works written in English to which reference was made by the 1948 Committee.*2

Apart, then, from the Report of that Committee, which covers the wider field of Chinese customary law generally obtaining in Hong Kong

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6 frequently in consultation with rural committees and village representatives." For example, during the year 1956-57, of 138 land disputes which the District Officers dealt with, 30 were settled through rural committees or other local bodies, 92 were settled out of court and 16 were decided in court.” And in the following year, of 112 land disputes, 19 were settled through rural committees or other local bodies, 70 were settled out of court and 23 were decided in court. The method of disposal of one such case is recounted in the District Commissioner's report for the year 1948-49: "For the first time since 1913 a land dispute, which had dragged on for nearly a year, was resolved when one of the parties satisfied the District Officer Taipo of his good faith by decapitating a cock in a local temple, a supreme test of honesty. As the dispute was not formally heard under Part II of the Ordinance, the legality of this expedient will fortunately not be subject to review by a Judge. 1920 Thirdly, the Full Court ruled that it had no jurisdiction to entertain a further appeal from the decision of a judge of the Supreme Court under section 23 of the New Territories Regulation Ordinance, 1910, There are, however, a further eight unreported cases of the Supreme Court sitting in its appellate jurisdiction from decisions of the land officer in land cases arising in the New Territories. The cases all date to the first post-war decennium until 1956. The pre-war records of the Supreme Court were destroyed during the Japanese occupation 1941-45; and since 1956 there has been no appellate proceeding of this type. Without proof by evidence in court, it would clearly be dangerous to rely upon works describing customary law obtaining generally or in certain areas of China in the past, as information as to customary law obtaining in the New Territories for Chinese customary law "is subject to divergencies not only from Province to Province but sometimes from clan to clan in the same neighbourhood." Such books may have some comparative value. It is, however, to be regretted that it is difficult in Hong Kong today to trace even one copy of those works written in English to which reference was made by the 1948 Committee.*2 Apart, then, from the Report of that Committee, which covers the wider field of Chinese customary law generally obtaining in Hong Kong
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6 frequently in consultation with rural committees and village representatives." For example, during the year 1956-57, of 138 land disputes which the District Officers dealt with, 30 were settled through rural committees or other local bodies, 92 were settled out of court and 16 were decided in court.” And in the following year, of 112 land disputes, 19 were settled through rural committees or other local bodies, 70 were settled out of court and 23 were decided in court. The method of disposal of one such case is recounted in the District Commissioner's report for the year 1948-49: "For the first time since 1913 a land dispute, which had dragged on for nearly a year, was resolved when one of the parties satisfied the District Officer Taipo of his good faith by decapitating a cock in a local temple, a supreme test of honesty. As the dispute was not formally heard under Part II of the Ordinance, the legality of this expedient will fortunately not be subject to review by a Judge. 1920 Thirdly, the Full Court ruled that it had no jurisdiction to entertain a further appeal from the decision of a judge of the Supreme Court under section 23 of the New Territories Regulation Ordinance, 1910, There are, however, a further eight unreported cases of the Supreme Court sitting in its appellate jurisdiction from decisions of the land officer in land cases arising in the New Territories. The cases all date to the first post-war decennium until 1956. The pre-war records of the Supreme Court were destroyed during the Japanese occupation 1941- 45; and since 1956 there has been no appellate proceeding of this type. Without proof by evidence in court, it would clearly be dangerous to rely upon works describing customary law obtaining generally or in certain areas of China in the past, as information as to customary law obtaining in the New Territories for Chinese customary law "is subject to divergencies not only from Province to Province but sometimes from clan to clan in the same neighbourhood."" Such books may have some comparative value. It is, however, to be regretted that it is difficult in Hong Kong today to trace even one copy of those works written in English to which reference was made by the 1948 Committee.*2 Apart, then, from the Report of that Committee, which covers the wider field of Chinese customary law generally obtaining in Hong
2026-05-13 08:05:43 · Baseline
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6

frequently in consultation with rural committees and village representatives." For example, during the year 1956-57, of 138 land disputes which the District Officers dealt with, 30 were settled through rural committees or other local bodies, 92 were settled out of court and 16 were decided in court.” And in the following year, of 112 land disputes, 19 were settled through rural committees or other local bodies, 70 were settled out of court and 23 were decided in court. The method of disposal of one such case is recounted in the District Commissioner's report for the year 1948-49:

"For the first time since 1913 a land dispute, which had dragged on for nearly a year, was resolved when one of the parties satisfied the District Officer Taipo of his good faith by decapitating a cock in a local temple, a supreme test of honesty. As the dispute was not formally heard under Part II of the Ordinance, the legality of this expedient will fortunately not be subject to review by a Judge.

1920

Thirdly, the Full Court ruled that it had no jurisdiction to entertain a further appeal from the decision of a judge of the Supreme Court under section 23 of the New Territories Regulation Ordinance, 1910,

There are, however, a further eight unreported cases of the Supreme Court sitting in its appellate jurisdiction from decisions of the land officer in land cases arising in the New Territories. The cases all date to the first post-war decennium until 1956. The pre-war records of the Supreme Court were destroyed during the Japanese occupation 1941- 45; and since 1956 there has been no appellate proceeding of this type.

Without proof by evidence in court, it would clearly be dangerous to rely upon works describing customary law obtaining generally or in certain areas of China in the past, as information as to customary law obtaining in the New Territories for Chinese customary law "is subject to divergencies not only from Province to Province but sometimes from clan to clan in the same neighbourhood."" Such books may have some comparative value. It is, however, to be regretted that it is difficult in Hong Kong today to trace even one copy of those works written in English to which reference was made by the 1948 Committee.*2

Apart, then, from the Report of that Committee, which covers the wider field of Chinese customary law generally obtaining in Hong

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