[ { "id": 206295, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1971", "page_number": 112, "title": "RAS-1971", "content_text": "106\n\nCARL T. SMITH\n\nStill another son of the Rev. Ho Fuk Tong, Ho Shan Yow (ii) was a student of law. In 1897 he was a member of the ambassadorial staff of his brother-in-law, Wu Ting Fang, and became Consul-General in San Francisco, where he promoted the organization of the Chinese American Commercial Company capitalized at a million dollars.\n\nThe eldest daughter of Ho Fuk Tong, Ho Mui Ling, married Ng Choy (1) alias Wu Ting Fang (14), a young graduate of St. Paul's College. Ng Choy's father was a business man who spent some years at Singapore where he became a Christian and married a Malay woman. He returned to Canton where he put his two eldest sons, Afat and Akwong, into the Boarding School of the Presbyterian Mission. In 1851, when the California gold-fever was rampant in Kwang Tung, Ng Afat was the ringleader in stirring up the students of the school to rebel against the hold the school had over them due to bonds their parents had signed guaranteeing that their sons would stay in the school until their education was completed. The students resented being held to this agreement as they wished to try their fortune in the gold-fields. The school authorities found it necessary to dismiss Afat. He came to Hong Kong and was employed as clerk in the Police Magistracy. His brother Akwong was a more tractable student and successfully completed his course of studies. After leaving school, he too came to Hong Kong and was for a short time an Interpreter in the Harbour Master's Office, but then about 1864 became the General Manager of the Chinese edition (Chung Ngoi San Po) of The Daily Press. The Wu family was interested in promoting Chinese journalism. The obituary notice of Mr. Chiu Yu Tsun, (The Daily Press, 12 June 1908), the editor of the Chung Ngoi San Po, states that when he joined the staff of the paper in 1873 it was \"under the management of the present Chinese Minister to Washington H. E. Wu Ting Fang and his brother the late Mr. Ng Chan\". When Ng Chan died about 1890, Mr. Chiu succeeded as sub-lessee and General Manager.\n\nWu Ting Fang was only four when the family returned from Singapore. In time he became a student of St. Paul's College in Hong Kong, where he was baptized. Upon graduation he followed the pattern set by his brothers and entered Government service as chief clerk and shroff in the Court of Summary Jurisdiction.", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206420, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1971", "page_number": 237, "title": "RAS-1971", "content_text": "BOOK REVIEWS\n\n211\n\nenamelled and monochrome wares of the same period. In commenting on the rise and fall of artistic merit in porcelain production during the 15th Century, Mr. Brankston aptly observes that \"In Yung-lo the lotus has budded; in Hsuan-te the flower has opened in all its freshness but, by Ch'eng-hua, the leaves begin to tremble in the breeze\" — a quotation which is affectionately remembered by students and writers on the subject. The chapters on the kiln sites of Fou-liang and on the methods of porcelain production provide material not usually given in books of this nature and the photographs and woodcuts of the potters at work are of particular interest. Diagrams illustrating the shapes and sizes of typical forms and also the sectional drawings of foot rims make a most valuable contribution to the work.\n\nThe aspiring connoisseur would do well to heed the advice given with regard to acquiring good eyes for judging ceramics when the author suggests that he drink tea each day from cups of different periods. If, after two weeks, no particular piece has asserted itself, he may be assured that the interest in porcelain was formed only in order to create a diversion and to occupy time and space, so a change over to stamps or coins would be recommended.\n\nOf slight build and quietly spoken, Brankston was possessed with unusual gifts of mind and eye in relation to Chinese porcelain and he writes about his favourite pieces in a most charming and sensitive manner. The dedication \"To the Lotus, who knows why\" provides an aperitif to the subtleties and delicate appreciation of the subject in store for the reader.\n\nHong Kong, 1971\n\nF. WARRINGTON-STRONG\n\nCHINESE FAMILY AND COMMERCIAL LAW, G. Jamieson, M.A., C.M.G., Shanghai: Kelly and Walsh Ltd, 1921. Now reprinted in Hong Kong: Vetch and Lee Ltd, 1970.\n\nWhen George Jamieson wrote the preface to his work, Chinese Family and Commercial Law, he considered it a \"pioneer treatise on the Civil Law\" as it then prevailed and regarded it as a work which would assist the \"future pleaders and judges in the Courts", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206421, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1971", "page_number": 238, "title": "RAS-1971", "content_text": "212\n\n \nBOOK REVIEWS\n\n \nin China.\" As events have turned out, this work is of more use to us now, during the renaissance of interest in the study of the law of the mainland of China than it was in the education of practising lawyers. It came at an interesting period in Chinese legal history, at a time when the lawyers and politicians of the Republic were busy throwing off the shackles of the old imperial law and searching for new, modern concepts and a viable way in which to express them. Jamieson's work may, therefore, be viewed to a certain extent in the same light as the great pioneering textbooks on Anglo-American law of the nineteenth century in that the mode of classification and presentation might have influenced the thinking of generations of lawyers. But the history of China in the years following publication of his book excluded that possibility and we now approach it, not as a work of reference, but as a source of information on historical attitudes towards the modernisation of Chinese Law during the nineteenth century and on the fruits of the cultural interchange between Chinese and western law which occurred in Shanghai.\n\n \nGeorge Jamieson's career followed a well-known late nineteenth century pattern and his educational and intellectual limitations are apparent in his approach to his subject. Chinese Family and Commercial Law is, to our eyes, old-fashioned and didactic. He was a \"scholar\" of the old school and, though he acquired his knowledge and experience of Chinese law from the 'inside' in his involvement in dispute-settling processes, he followed the convention of nineteenth century jurisprudential thought in that he cast his work in a pre-conceived mould. Since the great Maine himself showed great skill in analysing legal systems in terms of concepts which enabled him to demonstrate similarities between those systems rather than to build up a set of concepts which worked adequately within any one system, we can scarcely criticise Jamieson when, in his introductory chapter, he sets out to discover to which legal system familiar in the west is the Chinese legal system most similar. That he should inevitably draw comparisons with the Roman legal system is both a commentary on the extent to which formal Legal education in the past depended overly on Roman Law and on the extent to which our approach to the comparative study of law has changed. Thus, by trying to be \"scholarly,\" he appears to have eschewed the practicality which must have been familiar to him after a lifetime of activity in China. In consequence,", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206422, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1971", "page_number": 239, "title": "RAS-1971", "content_text": "BOOK REVIEWS \n\n213 \n\nwe find, when he writes about family law, an attempt to describe the law in terms of formal (rather static) relationships. The dynamic element, how the law responds in practice to the needs and expectations of the people subject to it, is missing. Surprisingly, this element is also missing where one would most expect to find it in his consideration of commercial law as it was developed in the Mixed Court at Shanghai. Much of the book is concerned with Family Law and as such is still of interest though, consisting as it does largely of statement without exposition, it is of diminishing value in the light of modern anthropological techniques. But it is to the chapter on Commercial Law and to the Appendix of Mixed Court cases (at p. 142) that the reader will look forward most eagerly. \n\nThe Mixed Court at Shanghai developed over the years its own distinctive brand of law, not consciously but in consequence of the cultural and commercial interplay which was the hallmark of Shanghai. Though the law administered between Chinese parties may be Chinese, the context within which the disputes arose could not be called wholly Chinese and the Court's decisions themselves display a 'mixed' character. Shortly after the publication of Jamieson's book, A. M. Kotenev's much more considerable work, Shanghai: its Mixed Court and Council, was published1 and from it we may learn considerably more about the operations of that court. But, even so, many of the questions which arise in our minds are left unanswered and we are given, for example, little elucidation on the true legal position of the compradore, on his rights and his liabilities. Perhaps Jamieson was too close to events to be able to consider these wider conceptual (though, at the same time, essentially practical) matters but, nevertheless, he fails to point out the basic principles behind the decisions to which he refers and the reader is left unenlightened. He confines himself to description and, in so doing, wrote a less valuable book than he might otherwise have done. \n\n3 \n\nLooking at this book through the eyes of the nineteen-seventies, it appears disappointing. But, though it does not really live up to the enthusiasm of its re-publishers, at a time when interest in the formal study of Chinese Law is waxing fast, it is most valuable to have available once more a work which is part of the history of the development of Chinese law from its earlier ‘feudal' stage", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 208433, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1978", "page_number": 157, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n141\n\ncourts--which belief forms the chief emotional argument for extra-territoriality--it seems fair to say that on the whole they have been cruel, unjust and ruinously expensive. It is no wonder, then, that villagers prefer the humane and usually just village courts when they come into trouble, and will usually abide by the decision of the elders rather than risk their fortunes in the government courts.\n\nVillage court may be held in the village temple or wherever the elders happen to gather. In case of a dispute between two parties the elders will try to effect a compromise. When a petty crime occurs, if it cannot be settled in the kin group, then the elders will undertake to hear all evidence and pass a sentence involving well understood customary punishment. Over major crimes, or anything too flagrant to be kept hidden, they have no authority and must cooperate with the government by handing over the culprit and supplying all necessary evidence.\n\nV\n\nIn discussing the Ti-pao1 the student is on a firmer ground than in any other part of this study so far as exactness and quantity of information is concerned. The office is specifically discussed in the Ta Ch'ing Hui Tien2 and in the Ta Ch'ing Lu Li3. According to Meadows these officers are found in all parts of China, the title frequently appearing in the Peking Gazette in connection with cases reported from all the different provinces. Finally, most foreign observers who have anything to say about village government in China speak of the Ti-pao.\n\n1 There are many terms which may be considered with varying degrees of certainty as synonymous with Ti-pao. Giles; op. cit., p. 1360, gives as synonymous Ti-fang and Ti-yo. Jamieson, George; Chinese Family and Commercial Law, p. 68, 71, gives Pao-chang, Chia-chang and Hsiang-chang as synonymous with each other and with Ti-pao. Tuo; op. cit., p. 62, speaks of the Po (Pao?) chia as popularly called Ti-pao. Other sources supply less reliable but possibly correct synonyms such as Li-chêng and Li-chang. It is necessary to indicate this variety of terminology because in this paper Ti-pao only will be used. Quotations accordingly might seem to be meaningless. (In some cases the characters given above are the author's addition.)\n\n2 Chuan 134, sec. on Ti as reported by Jamieson; op. cit., p. 68.\n\n3 Division relating to board of revenue (Hu Pu), section 83 ff., as translated by Jamieson, ibid., 63 ff.\n\n4 Meadows, Thomas T.; Desultory Notes on the Government and People of China, p. 121.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208440, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1978", "page_number": 164, "title": "RAS-1978", "content_text": "148\n\nC. MARTIN WILBUR\n\nevent of threatening floods to repair embankments.1\n\nTaxation, the primary interest of the government, is also carried out with the help of the Ti-pao. This individual is supposed to know all about every bit of land owned by the members of his village, and the exact tax set upon it. This is no easy matter since most farmers own many small bits of land scattered hit-or-miss over the countryside. Under the Ch'ing dynasty the land tax was set for all time in 1713.2 This does not mean that in reality taxes did not increase steadily, for the burdens seem constantly to be getting heavier.\n\nThis increase was affected by several means. In the first place the permanent settlement takes no account of the cost of collection. This cost is a matter of yearly battle between the collector and the land owners; but once a precedent is set it becomes an accepted part of the tax thereafter, and is merely the starting basis on which further additions will be placed. A second manner in which accretions are made rests on the fact that originally all or part of the tax was to be paid in kind. The magistrate, however, often demands a cash settlement, and places the conversion rate well above the market price of grain. Another method is for the magistrate arbitrarily to fix the conversion rate between cash-coin and the tael at a point highly unfair to the land owner who has only cash-coin to pay in. By these and other devices Morse reports that the permanently settled land tax of 1713 is often increased to over five times the statutory amount.3\n\nThe Ta Ch'ing Lü Li (׆†##1) describes the correct machinery of collection as follows:\n\n[ Jamieson, George; Chinese Family and Commercial Law, p. 72. A good account of the modern working of a modified form of corvée is found in Smith, Arthur H.; Village Life in China, p. 230-231. Also, Boulais; op. cit., p. 161-162, 181-185, 213-214.\n\n2 Morse, Hosea B.; The Trade and Administration of the Chinese Empire, p. 86. (Jamieson; op. cit., p. 94, wrongly gives 1711 as the date of permanent settlement, but this is the date of the census which was made the basis for taxation.) This permanent settlement had several important results. In the first place, it practically did away with the old method of taking the census of the number of people liable to a poll tax, and led to the establishment of modern census taking of the whole population, as started under Ch'ien Lung. Secondly, the establishment of an immutable poll-tax led to its amalgamation with the land tax for ease and saving in collection. Huang, Han Liang; The Land Tax in China, p. 99-100.\n\n3 Morse, op. cit., p. 87.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208459, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1978", "page_number": 183, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n167\n\nHuc, M.; The Chinese Empire: Forming a Sequel to the Work Entitled \"Recollections of a Journey Through Tartary and Tibet\". 2nd ed., 2 vols.; London, Longman, 1855.\n\nHuc, M.; L'Empire Chinois: Faisant Suite à L'Ouvrage Intitulé \"Souvenirs d'un Voyage dans la Tartarie et le Thibet\". 2nd ed., 2 vols.; Paris, Gaume Frères, 1855.\n\nHummel, Arthur W.; \"The Case Against Force in Chinese Philosophy\" (Chinese Social and Political Science Review, vol. 9, 1925, p. 334-350).\n\nJamieson, G.; Chinese Family and Commercial Law. Shanghai, Kelly and Walsh, 1921.\n\nKulp, Daniel H.; Country Life in South China: The Sociology of Familism. Vol. 1: Phenix Village, Kwantung, China. New York, Columbia, 1925.\n\nLee, Mabel Ping-Hua; The Economic History of China, with Special Reference to Agriculture. New York, Columbia, 1921.\n\nLeong, Y.K., and Tao, L.K.; Village and Town Life in China. London, Allen and Unwin, 1915.\n\nLi, Chi; The Formation of the Chinese People; an Anthropological Inquiry. Cambridge, Harvard, 1928.\n\nMallory, Walter H.; China: Land of Famine. New York, American Geographical Society, 1926. (American Geographical Society, Special Publication no. 6.)\n\nMalone, C.B., and Tayler, J.B.; The Study of Chinese Rural Economy. Peking, China International Famine Relief Commission, Series B, no. 10, 1924. (Reprinted from: Chinese Social and Political Science Review, vol. 7, no. 4, 1923, p. 88-101; and vol. 8, no. 1, 1924, p. 196-226.)\n\nMartin, W.A.P.; \"The Worship of Ancestors a Plea for Toleration\" (Records of the General Conference of the Protestant Missionaries of China. 1890. Shanghai, American Presbyterian Mission Press, 1890. p. 619-631).\n\nMaspero, Henri; La Chine Antique. Paris, Boccard, 1927.\n\nMaspero, Henri; \"La Vie Privée en Chine à l'Epoque des Han.\" (Revue des Arts Asiatiques, vol. 7, 1931-1932, p. 185-201).\n\nMaybon, B.; Essai sur les Associations en Chine. Paris, Plon-Nourrit et Cie, 1925.\n\nMeadows, Thomas T.; Desultory Notes on the Government and People of China. London, Allen, 1847.\n\nMorse, Hosea B.; The Trade and Administration of the Chinese Empire. Shanghai, Kelly and Walsh, 1908.\n\nShryock, John; The Temples of Anking and Their Cults: a Study of Modern Chinese Religion. Paris, Geuthner, 1931.\n\nSmith, Arthur H.; Village Life in China; a Study in Sociology. New York, Revel, 1898.\n\nStaunton, George T. (translator); Ta Tsing Leu Lee, Being the Fundamental Laws, and a Selection from the Supplementary Statutes of the Penal Code of China. London, Cadell and Davies, 1810.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208461, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1978", "page_number": 185, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN China, 1933\n\n169\n\nHsu, Leonard S.; Study of a Typical Chinese Town. Peiping, Leader, 1929.\n\nHsu, Leonard S.; Poverty and Population in China. Rome, Instituto Poligrafico Dello Stato, 1932.\n\nJamieson, George; \"Tenure of Land in China and the Condition of Rural Population\" (Journal of the North China Branch of the Royal Asiatic Society, vol. 23, 1888, p. 59-174).\n\nJernigan, Thomas R.; China in Law and Commerce. New York, Macmillan, 1905.\n\nKiang, Kang-hu; \"The Chinese Family System\" (The Annals of the American Academy of Political and Social Science, vol. 152, 1930, p. 39-48).\n\nKou, Ki-young; La Sous Prefecture Chinoise; Etude de son Administration Actuelle, Origine — Organization — Services. Shanghai, Aurore University, 1930.\n\nKuo, Wen-kuen; \"A Critical Exposition of the Essence of Chinese Family Law\" (Chinese Social and Political Science Review, vol. 1, no. 2, 1916, p. 21-36).\n\nLee, F. C. H. and Chin, T.; Village Families in the Vicinity of Peiping. Peiping, China Foundation, Social Research Department (Bull. no. 2) 1929.\n\nLi, Chuan-shih; Central and Local Finance in China. New York, Columbia, 1922.\n\nLiu, D. K. and Chen, Chung-min; \"Statistics of Farm Land in China\" (Chinese Economic Journal, vol. 2, no. 3, 1928, p. 181-213).\n\nMaspero, Henri; \"The Origins of the Chinese Civilizations\" (in Smithsonian Institution. Annual Report for 1927, p. 433-452. (Bishop, Carl W., translator.))\n\nTao, L. K.; \"The Chinese District Magistrate\" (Chinese Social and Political Science Review, vol. 1, no. 1, 1916, p. 56-68; no. 2, 1916, p. 48-61).\n\nTao, L. K.; \"A Chinese Village Community\" (Journal of the Anglo-Chinese Friendship Bureau, vol. 2, no. 3, 1917, p. 25-35).\n\nTawney, R. H.; Land and Labor in China. London, Allen and Unwin, 1932.\n\nWilliams, S. Wells; The Middle Kingdom. Revised ed., 2 vols.; New York, Scribners, 1883.\n\nYen, James Y. C.; The Mass Education Movement in China. Shanghai, Commercial Press, 1925.\n\nYen, Kia-lok; \"The Basis of Democracy in China\" (International Journal of Ethics, vol. 28, 1918, p. 197-219).\n\nA SELECT LIST OF NEW PUBLICATIONS IN CHINESE TEXT ON RURAL GOVERNMENT (關於“村治”之中文新書目錄選)\n\nThis bibliography was drawn up by the National Library of Peiping. In order to get both a smooth and an accurate translation", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 213476, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1995", "page_number": 72, "title": "RAS-1995", "content_text": "39\n\nCivil Code (see also Committee Report 2953. pp. 193 and 251)\n\nIn the matter of the state of YOUNG SING, YOUNG LING SHI & 2 OTHERS vs YOUNG HONG NING (unreported) the original record was destroyed during the Japanese occupation but a contemporary newspaper report is to be found in the South China Morning Post of the 2nd, 3rd and 4th July 1940.\n\n12. I am indebted to the Secretariat for Chinese Affairs for giving me permission to peruse their files on the subject (particularly SCA3/251/51 and SCA2/351/54).\n\nPR File SCA2/351/54\n\nWilson's Notes\n\nWilson's Notes, 61; Van der Valk, op. cit. p. 76 where this custom is described under the title of \"T'ung-yang-hsi\".\n\nMorris, Hong Kong and Malaya, E.T.M.S.O. 1937, p. 14, for the custom generally see Burkhardt, op. cit., Vol. 1, p. 173.\n\nHvide Committee Report Appendix IV, p. 120 and Chap. I, para. 13 but in Ping Shan Land Case No. 24 of 1954, JANG LAP TEUNG vs TO SHU KAN (unreported) the Assistant Land Officer (Mr. B.D. Wilson), in the absence of proof that perpetual leases could be made under Chinese custom relied upon the English Rule against Perpetuities. (This case was the subject of Civil Appeal No. 24 of 1954 TO SHU KAN vs. JANG LI YAU TSO (unreported) but Reynolds, J. held that he had no jurisdiction to hear and determine the appeal).\n\n19 (1949) HKLR 58.\n\n1 Wilson's Notes; Gompertz, op. cit. para. 16 and compare Jamieson, Chinese Family and Commercial Law, Shanghai 1921, pp. 30-31.\n\nTM Committee Report, 1953, Chap. V, para. 400 at p. 54.\n\n* Now Cap. 30, and see Committee Report, 1953, Chap. II, para. 17 at p. 9.\n\nDe Wilson's Notes.\n\nCommittee Report, 1953, Appendix IV, p. 120 and Chap. II, para. 13, after Williams, Ag. C.J. in Civil Appeal No. 16 of 1947, CHEUNG SAU TIM vs CHEUNG YUI LAM, (1948) 32 HKLR 1, at p. 6.\n\nThis statement is from Wilson's Notes.\n\nT'ung-yang-hsi = a wife married when both parties were previously unmarried.", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 } ]