[ { "id": 206364, "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": 181, "title": "RAS-1971", "content_text": "HISTORY OF MILITARY VOLUNTEERS IN H.K.\n\n165\n\nkam Lo (1893-1959) as a private.40 He was Oxford-educated and a prominent barrister, related through marriage to the Ho Tung family, and thus could fit in. He was no doubt persuaded to join because of the emergency created by the General Strike of 1925-26; that is, if he had not joined earlier. It would be interesting to know whether he was the first, or among the first, Hong Kong Chinese to join the Corps.41\n\nBecause of the empire-wide Volunteer Movement and because of or perhaps despite two World Wars, the British volunteers have often been ex-Regulars, ex-Militia or, mostly, ex-Volunteers either at home or in other places. A few examples will show this general tendency over the years. H. H. Read, who sent a letter and photograph of the 1882 Volunteers for the 1937 Year-book, mentions that he had come out from England in 1882 “and having served in the 2nd Norfolk Rifle Volunteers (Windsor Review 1881) I joined the Hong Kong Volunteer Artillery which was commanded by Col. Crawford, R. A.”.42 Sir John Carrington, Chief Justice of Hong Kong, who was Commandant of the Corps 1896-1901, had served with the British Guiana Militia before coming to Hong Kong.43 Arthur Chapman, Commandant from 1907, had come to Hong Kong in 1889 as Assessor of Rates and had served in his native Yorkshire for some years as a member of the 1st East Riding of Yorkshire Royal Garrison Artillery (Volunteers).44 Many other examples could be quoted, including His Excellency Sir Thomas Southorn, Colonial Secretary and Officer Administering the Government in 1935 who, in his address to the Corps printed in the 1935-36 Year Book, was described as \"a Volunteer in Ceylon for many years\".45\n\nIn the later period, because of two world wars, the amount of previous military experience met with in the Volunteers has been considerable, particularly in the period between the wars when there were many persons in the Colony who had seen much service in 1914-18. When the Volunteers got going in earnest\n\n40 Vol, 1954, p. 240.\n\n41 But see note 28 above.\n\n42 Y.B., 1937, p. 28.\n\n43 J. W. Norton-Kyshe, The History of the Laws and Courts of Hong Kong (Hong Kong, 2 Vols, 1898): see index.\n\n44 Twentieth Century Impressions, p. 277.\n\n45 Y.B., 1935-36, p. 4.", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206689, "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-1972", "page_number": 237, "title": "RAS-1972", "content_text": "BOOK REVIEWS\n\n231\n\nGore's acquaintance with Western sources, I suspect that little of relevance has been missed. But as an example of space wasted where it was at a premium, I quote in full the status given for the Pied Kingfisher; \"Rare winter visitor. There are a number of old records between November-February, but none since February 1917. It seems that it has decreased in numbers in recent years”. I would need the pen of A. E. Housman to do justice to that last sentence.\n\nBooks of this type stand or fall on the quality and comprehensiveness of the coloured plates, provided the author has been fortunate enough to be able to raise the funds for these. In this book these are generally disappointing, partly because the colouring is inaccurate, as it is in every species on Plate XXV (this could be the fault of the printer rather than the artist), and partly because the pictures just do not look like the birds they are supposed to represent. Plate XXXIII, of admittedly difficult species, would have helped as much if it had been omitted altogether, and the plates of hawks, besides being inaccurate in colouring, are of little use for identification because they do not show the birds in flight, when they are far more likely to be seen, and far easier to identify. Captions are not always correct; on Plate XXXIV, a picture of the Grey-spotted Flycatcher is captioned \"Broad-billed Flycatcher\", a particularly sad error as the species are similar, and the inclusion of this particular species on the plate was presumably intended to point out the distinctions between them. Some care has been taken to maintain the correct scale, although it is a little disturbing on Plate XIV to find the Hazel Grouse looking larger than a female Ring-necked Pheasant.\n\nIn spite of these faults, this book compares favourably with almost all other books available on the birds of Eastern Asia, though Kobayashi's Birds of Japan has better plates (but an inadequate text in Japanese only), and Smythies' Birds of Borneo is better on both counts. However, the fact that two individual books can be mentioned in this way, as the only books at all adequate for any part of this vast region, is an indication of the magnitude of the task which the authors set themselves, and in general the satisfactory way in which they have fulfilled it. I know that Professor Won would like to improve his Korean text, and would like to get better pictures done, and it is to be hoped that this book will be sufficiently successful to enable him and Mr. Gore to produce a revised and improved edition.", "txt_file_path": "txt/dfo323lmgvd/RAS-1972.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/gm80qf99h", "rank": 0 }, { "id": 207187, "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-1974", "page_number": 258, "title": "RAS-1974", "content_text": "252\n\nLIST OF MEMBERS\n\nORDINARY MEMBERS:\n\nAIDE-DE-CAMP, The\n\nAKERS-JONES, D.\n\nALLCOCK, R. C.\n\nANDERSON, J. S.\n\nARCHER, Hon. Mrs. S.\n\nARSAN, Ahmet\n\nARSAN, Mrs. Karin\n\nAU, K. N.\n\nBAKER, Dr. Hugh\n\nBARD, Dr. S. M.\n\nBARR, J. W.\n\nBARRETT, Father Cyril, SJ.\n\nBARROW, Mr. & Mrs. John F.\n\nBATE, H. M.\n\nGovernment House, Garden Road, H.K.\n\nIsland House, Taipo, N.T.\n\nDepartment of Law, University of Hong Kong, Pokfulam, H.K.\n\nDiocesan Boys' School, 131, Argyle Street, Kowloon.\n\n41, Stubbs Road, Apt. 21, H.K.\n\nFirst Chicago Hong Kong Ltd., Rooms 4004-9, Connaught Centre, H.K.\n\n43, Stubbs Road, Flat C-1, H.K.\n\nc/o Grantham College of Education, Gascoigne Road, Kowloon.\n\nc/o Govt. Training Division, Lee Gardens, 2nd floor, H.K.\n\nUniversity Health Service, University of Hong Kong, H.K.\n\nE9, Repulse Bay Towers, 119A, Repulse Bay Road, H.K.\n\nWah Yan College, Queen's Road, East, H.K.\n\nRoom 362, Central Govt. Offices, Lower Albert Road, H.K.\n\nc/o Caritas House, 2, Caine Road, H.K.\n\nBENNETT, Mrs. Patricia M.\n\nBENNISON, Larry L.\n\nBIRCH, Dr. Alan\n\nBLAIKLEY, P. E.\n\nBLAKE, Mrs. Doreen\n\nBORGEEST, Gus\n\nBRAUN, F.\n\nBRIDGES, G. A.\n\nBRIGGS, The Hon. Sir Geoffrey, Q.C.\n\nBROADBENT, Miss Margaret\n\nBROUWER, Mrs. R. P.\n\nBRUMMERSTED, D. A.\n\nBUCHANAN, Dr. A. J. C.\n\nBULLEN, J. B.\n\n3, Coombe Road, H.K.\n\nCaltex Oil, G.P.O. Box 147, H.K.\n\nDepartment of History, University of Hong Kong, H.K.\n\n19D, Vienna Court, Realty Gardens, 41, Conduit Road, H.K.\n\nc/o Paul Y. Construction Co., Bank of Canton Building, 18th floor, H.K.\n\nP.O. Box 1058, H.K.\n\n8, Kotewall Road, 4th floor, H.K.\n\nB-3, United College Staff Residence, Chinese University of Hong Kong, Shatin, N.T.\n\nCourts of Justice, H.K.\n\nThe Helena May, Garden Road, H.K.\n\nA3, Repulse Bay Mansions, H.K.\n\n87, Pearl Gardens, 7A, Conduit Road, H.K.\n\nDept. of Paediatrics, University of Hong Kong, Pokfulam, H.K.\n\nMyer Eastern Buying Ltd., Cheong Hing Building, 12, Nathan Road, Kowloon.\n\nBURGGRAAF, Miss Huberta\n\nc/o Royal Interocean Line, P.O. Box 725, H.K.", "txt_file_path": "txt/dfo323lmgvd/RAS-1974.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/x633mp077", "rank": 0 }, { "id": 208225, "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-1977", "page_number": 264, "title": "RAS-1977", "content_text": "248\n\nLIST OF MEMBERS\n\nORDINARY MEMBERS:\n\n+\n\nAIKEN, Mrs. L. · AKERS-JONES, Hon D., C.M.G., J.P. ALLCOCK, R. C. ALLEN, O. J. R. ANDERSON, J. S. ANGOVE, W. B. ARCHER, Hon. Mrs. S. + - ARSAN, Mrs. K. AU, K. N. ·\n\nRoom 2411, Plaza Hotel, Hong Kong, Island House, Tai Po, N.T. Dept. of Law, University of Hong Kong, Pokfulam Road, Hong Kong. Flat B2, 29 Severn Road, The Peak, Hong Kong, Diocesan Boys' School, 131 Argyle Street, Kowloon. Cathay Pacific Airways Ltd., Operations Building 4/F, Kai Tak, Kowloon. 41, Stubbs Road, Apt. 21, Hong Kong. 43 Stubbs Road, Flat C-1, 5th Floor, Hong Kong. Grantham College of Education, Gascoigne Road, Kowloon.\n\nBARD, Dr. S. M., O.B.E., J.P. Hong Kong Museum of History, Star House, 4/F, Kowloon, BARR, J. W. E9 Repulse Bay Towers, 119A Repulse Bay Road, Hong Kong. BARRETT, Fr. Cyril S. J. Wah Yan College, Queen's Road East, Hong Kong. BARRETTO, R. O. 1903 Hang Chong Building, Queen's Road C., Hong Kong. BENNETT, Dr. J. R.. Dept. of English, New Asia College, Chinese University of Hong Kong, Shatin, N.T. BERKHOUT, P. The Shell Co. of Hong Kong Ltd., P.O. Box 22, Hong Kong. BERTRAM, J. 601 Swire House, Hong Kong. BIRCH, Dr. A. Dept. of History, University of Hong Kong, Pokfulam Road, Hong Kong. BLAIKLEY, P. E. - 4 Middleton Towers, 140 Pokfulam Road, Hong Kong. BLAKE, Mrs. D. Paul Y Construction Co., Bank of Canton Building 18/F, Hong Kong.\n\nBLOOMFIELD, Miss Frena - 38A, 1/F, Kennedy Road, Hong Kong. BOND, M. W. - BOYLAN, Mrs. C.. BRAGA, P. BRANDON, Miss J. BRIGGS, Hon. Sir Geoffrey, Q.C. BROADBENT, Miss M.\n\n404 La Hacienda, 31 Mount Kellett Road, Hong Kong. Cathay Pacific Airways, P.O. Box 1, Hong Kong. 61A Bisney Road, Pokfulam, Hong Kong. St. Stephen's Girls' School, 2 Lyttelton Road, Hong Kong. Courts of Justice, Hong Kong: Helena May Court, Garden Road, Hong Kong.", "txt_file_path": "txt/dfo323lmgvd/RAS-1977.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/np198x23n", "rank": 0 }, { "id": 208432, "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": 156, "title": "RAS-1978", "content_text": "140\n\nC. MARTIN WILBUR\n\nrally, the uses of these funds from public property are not ceremonial but practical, in that they contribute to the maintenance of the village and its growth in material equipment and in prestige.”\n\nThe village elders, as differentiated from the council of the village temple, are responsible for the morals and morale of the villages as a whole. This responsibility falls upon them both from the fact that their position is the culmination of a familist type of social organization, and because the government higher up holds them responsible. They maintain the \"face\" of the village, and they jealously guard the traditional way of doing things, the traditional virtue. In this sense they are the most conservative force in village life today.\n\nIn village judicial matters the elders act as a court of appeal when quarrels or crimes cannot be settled within the various kin groups, or when trouble arises involving members of more than one group. Although they lack official judiciary power, and outside their kin groups have no familist jurisdiction, they do derive authority from one important factor: they are the last court of appeal; beyond them is the official court of the magistrate. Every Chinese villager has a healthy fear of the official courts, and counts himself lucky never to see the inside of one. This fear is a very deep-rooted one, and has been encouraged by the government even officially.2 Without wishing to reinforce the accepted Western view of Chinese\n\n1 Kulp; op. cit., p. 124. Phenix village is really of the single clan rather than the multiple clan sort, but in this case the distinction does not matter.\n\n+\n\n2 A lively quotation from Huc illustrates this point, and is worth giving in full. Edict of Emperor \"Tchang-hi\": \"The Emperor, considering the immense population of the Empire, the great division of territorial property, and the notoriously law-loving character of the Chinese, is of the opinion that law-suits would tend to increase, to a frightful amount, if people were not afraid of the tribunals, and if they felt confident of always finding in them ready and perfect justice. ..I desire, therefore, that those who have recourse to the tribunals should be treated without any pity, and in such a manner that they shall be disgusted with law, and tremble to appear before a magistrate. In this manner the evil will be cut up by the roots; the good citizens, who may have difficulties among themselves, will settle them like brothers, by referring to the arbitration of some old man, or the mayor of the commune. As for those who are troublesome, obstinate, and quarrelsome, let them be ruined in the law-courts that is the justice that is due them.\" Huc, M.; The Chinese Empire, vol. I, p. 105-106. \"Tchang-h\" is given \"Khang-hi\" in the original French and therefore certainly represents K'ang Hsi (1662-1723).", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208455, "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": 179, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n163\n\nespecially because they are the last court of appeal where customary law applies beyond them is the magistral court, which every Chinese has learned to fear.\n\nThe Ti-pao is an individual whose position is almost the personification of that very thin tie which links the government of the village with that of the nation. He derives authority from both sources, for he is supposed to be one of the villagers, chosen by them, and performing certain administrative duties for them; but at the same time he is specifically sanctioned by the magistrate, receives authority from him, and performs certain governmental duties.\n\nIn his position as responsible functionary in the village the Ti-pao may handle many of the administrative duties of the village council, in a measure usurping its authority. As agent of the central government the Ti-pao is usually involved in the two spheres where the government touches the village, namely, the collection of taxes and the preservation of peace.\n\nIn some cases the Ti-pao is himself charged with the collection of taxes; in others he merely indicates who owns the land, and the proper tax. Because of this latter responsibility it is his duty to officiate in all sales of land, and to know the owner and value of all property. On the side of preserving the peace the Ti-pao's duties are multifarious. He is the accredited police head of the village and chief informing officer for the government agents. At the same time he is the defender of the people, and it is his duty to report any miscarriage of justice in which one of his constituents is the victim.\n\nAlthough the Ti-pao is charged by the magistrate with these duties, it is the elders who are given the responsibility for the peace and good conduct of the village as a whole. The government finds this method of delegating responsibility to be effective and inexpensive, and it is in full accord with custom, especially the custom of mutual responsibility.\n\nThe predominant attitude of the village toward the government higher up is one of avoidance, for on the whole relations between the two are seldom in favor of the people. Every individual counts himself lucky if during the course of his life he has no relations with the government except the necessary ones of paying taxes and", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208812, "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-1979", "page_number": 269, "title": "RAS-1979", "content_text": "242\n\nORDINARY LOCAL MEMBERS\n\nBRIGGS, The Hon. Sir Geoffrey, Q.C., Courts of Justice, HONG KONG.\n\nBROMFIELD, Mr. Antony Clifford, King Fung Villa, 224/225, 104 Miles, Castle Peak Road, Tsuen Wan, NEW TERRITORIES\n\nBROUWER, Mrs. R.P., A3 Repulse Bay Mansions, Repulse Bay, HONG KONG\n\nBROWN, Mr. Edward de R., Flat 2IB, 19 Braemar Hill Road, North Point, HONG KONG.\n\nBROWN, Dr. H.O., School of Education, University of Hong Kong, HONG KONG.\n\nBURNS, Dr. John P., Dept. of Political Science, University of Hong Kong, HONG KONG.\n\nBUTLER, Miss B.A., Public Services Commission, Room 573, Central Government Offices, 5/F, HONG KONG.\n\nCAMERON, Mr. Nigel, 1ID Venice Court, 41D Conduit Road, HONG KONG.\n\nCAMPBELL, Mr. M.C., Oxford University Press, 5/F News Building, 633 King's Road, HONG KONG.\n\nCANTERS, Mr. Rene, c/o The Belgian Bank, P.O. Box 27, HONG KONG.\n\nCARDENZANA, Mr. John, Hill & Knowlton Asia Ltd., 1401 World Trade Centre, H.K., P.O Box 5389, HONG KONG.\n\nCAREY-HUGHES, Dr. John, Room 315, Hong Kong and Shanghai Bank Bldg., HONG KONG.\n\nCATT, Miss Pauline, Dept. of Geography & Geology, University of Hong Kong, HONG KONG.\n\nCAVAYE, Mr. Peter K., 8 Aigburth Hall, 9 May Road, HONG KONG.\n\nCENTRE OF ASIAN STUDIES, The Director, University of Hong Kong, HONG KONG.\n\nCHAN, Mrs. Amy, H.K. Tourist Association, Connaught Centre, 35/F, HONG KONG.\n\nCHAN, Mr. Sui-Jeung, U.S.D. Kowloon H.Q., 148 Sai Yee Street, KOWLOON.\n\nCHAN, Mrs. Teresa, H.K. Tourist Association, Connaught Centre, 35/F, HONG KONG\n\nCHANWAI, Dr. D.J.L., 203 D'Aguilar Place, 7 D'Aguilar Street, HONG KONG.\n\nCHAPMAN, Mr. V.F.D., c/o Wong Tai Sin Police Station, KOWLOON.\n\nCHEN, Mr. S.H., 79 King's Road, 4/F, HONG KONG.\n\nCHESTERMAN, Miss Merlyn, 24D Peak Road, 1/F, Cheung Chau, HONG KONG.\n\nCHEUNG, Mr. Oswald, 703 Prince's Building, HONG KONG.\n\nCHIAO, Dr. Chien, Residence No. 8, Flat 1A, Chinese University of Hong Kong, Shatin, NEW TERRITORIES\n\nCHILVERS, Mrs. Anna E.S., 3 Mount Nicholson Road, 1/F, HONG KONG.", "txt_file_path": "txt/dfo323lmgvd/RAS-1979.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2801w5938", "rank": 0 }, { "id": 209467, "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-1982", "page_number": 124, "title": "RAS-1982", "content_text": "102\n\nW. ALLYN RICKETT\n\nJudicial Conference was held for the primary purpose of regulating local courts and local court-affiliated organizations such as neighbourhood mediation and factory-based comrade adjudication committees.\n\nBy the end of 1953, the Chinese Communists announced that the period of reconstruction was coming to an end, the \"New Democratic\" phase of the revolution was complete, and it was time to start the building of socialism. In September 1954, a new constitution was promulgated which established a new government under a National People's Congress (NPC) and provided the basis for a judicial system, which in administering justice, was supposed to be independent, subject only to law. There was a standard list of rights for citizens including freedom of speech, freedom of assembly, and freedom of the press. Although this did not prevent a repressive campaign against intellectuals and the arrest of the writer Hu Feng in 1955, in general the 1954 Constitution set the stage for what was to be the most constructive period for legal development in China during the first 30 years of the People's Republic. Provision was made for a Ministry of Justice responsible for the general administration of justice and the training of judicial cadres, and for a procuratorate which was to review recommendations from public security offices concerning the arrest of suspected criminals, and which would also prosecute cases before the court. The procuratorate was also charged with ensuring that the activities of government complied with the law, and investigating and prosecuting serious crimes committed by state officials. Malfeasance involving officials was also investigated by a Ministry of Supervision, an organ which was later eliminated. However, the investigation of Party members was the prerogative of Party control commissions.\n\n\"The Organic Law of the People's Courts,\" adopted by the NPC at the same time as the Constitution, spelled out in more detail some of the basic provisions of the Constitution, providing, for example, that in \"adjudicating cases the people's courts shall apply the law equally to all citizens irrespective of their nationality, race, sex, occupation, social origin, religious belief, educational standard, property status, and length of residence.\" It also stated that cases \"shall be heard in public unless otherwise provided for", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209474, "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-1982", "page_number": 131, "title": "RAS-1982", "content_text": "109\n\nproletariat,\" under the leadership of the CCP. It confirmed many of the changes which had taken place in China's legal system since 1958, including the elimination of the procuratorate and Ministry of Justice as well as such individual rights as that of the accused to a defense and an open trial.\n\nHowever, the 1975 Constitution was to have a short life. 1976 was one of the most traumatic years in modern Chinese history. Zhou Enlai died in January and an intense struggle erupted between his supporters and the Gang of Four. Mao himself died in September, in October the Gang of Four headed by Mao's wife Jiang Qing was arrested, and China entered a whole new era with the re-emergence and rise to power of Zhou's chosen successor, Deng Xiaoping, beginning in the summer of 1977.\n\nIn March 1978 a third Constitution was adopted which restored many of the provisions dealing with the legal system contained in the 1954 Constitution, including the Ministry of Justice, procuratorate, the use of people's assessors, and the right to defense and open trial. Article 47 also stipulates that “No citizen may be arrested except by decision of the people's courts or with the sanction of the people's procuratorate.\" Far more important than the Constitution itself were the various steps taken by the new leadership to rectify the excesses of the past, and a series of new laws designed to provide a stable base for a rational legal system.\n\nAccording to published reports, some 110,000 persons who had been detained as “rightists\" were released in June 1978, and by the end of June 1980 people's courts at various levels had reviewed over 1.13 million criminal convictions meted out during the Cultural Revolution and redressed over 251,000 of them.10 In early 1979, political and civil rights were restored to landlords and rich peasants and their descendants as long as they supported socialism. Also, in July 1979, the NPC adopted seven major laws including a Criminal Code, a Criminal Code of Procedure, an Organic Law of People's Courts, and an Organic Law of People's Procuratorates, which took effect in January 1980. By the end of 1980, there were over twenty law departments and institutes producing personnel to meet the needs of the new system. A system of people's lawyers was reinstituted in 1979 and legal", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209475, "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-1982", "page_number": 132, "title": "RAS-1982", "content_text": "110\n\nW. ALLYN RICKETT\n\nadvisory offices were established in most cities throughout the country. The year 1979 also witnessed the beginnings of a major nationwide campaign to publicize the new laws and explain the rights and obligations of citizens contained therein. An impressive number of legal publications have appeared, including an increasing number of law journals. Numerous delegations of Chinese lawyers have visited abroad, and a number of Chinese students have been sent abroad to study Western law.\n\nThe new system, with some minor changes, harks back to that instituted in 1954. The Ministry of Justice is responsible for the general administration of justice and the training of judicial cadres. The court system is composed of the Supreme People's Court, Higher People's Courts, Intermediate People's Courts, and Basic People's Courts. There are also special courts: military, railway transport, water transport, forestry, as well as special branch courts dealing with economic affairs. There is a two-trial (one appeal) system, and trials are open unless they involve state secrets, matters of personal shame such as rape, or juveniles. As in the 1950s, judges, except in minor civil and criminal cases or where otherwise specified by law, are assisted by elected lay assessors, who are members of the trial court and enjoy equal rights with its judges when the judges perform their duties in court. Court presidents are elected by people's congresses at various levels while judges are appointed by the standing committees of these congresses. Courts are no longer accountable to local governments, but only to the people's congress of their constituency. The Supreme Court has been given an expanded role over its 1954 predecessor. While only the Standing Committee of the NPC has the authority to interpret the Constitution and other laws, the Supreme Court can give explanations on questions concerning the specific application of laws and decrees in judicial procedure. It also must rule on all death sentences.12\n\nThe right of defense is spelled out in the Criminal Code of Procedure, which provides that the accused may either defend himself or request the assistance of a relative or guardian, a member of his unit, people's organization, or other citizens approved by the court, or a lawyer. Lawyers function under provisions contained in Articles 28 and 29 of the Criminal Code of Procedure and \"The Provisional Regulations Governing the", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209481, "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-1982", "page_number": 138, "title": "RAS-1982", "content_text": "116\n\nW. ALLYN RICKETT\n\n' Mao Zedong, “Hunan nongmin yundong kaocha baokao,” Mao Zedong xuanji (Beijing: Renmin Chubanshe, 1964), 16.\n\n* See Patricia Griffin, The Chinese Communist Treatment of Counter-Revolutionaries: 1924-1949. Princeton: Princeton University Press, 1976.\n\nIt is interesting that in many cases involving homicide resulting from marriage or family problems, the accused was formally sentenced in accordance with the Marriage Law of June 1950, which in itself simply stated that persons guilty of such an offense would bear criminal responsibility before the law.\n\n\"The right of defense was provided for in Art. 12 of the \"Provisional Regulations of the Shanghai People's Court Governing the Disposal of Civil and Criminal Cases\" (Aug. 11, 1949) and in Art. 6 of the \"Organic Regulations of the People's Tribunals\" (July 20, 1950), but was left out of the \"Provisional Organic Regulations of the People's Courts\" (Sept. 3, 1950). I know of no case where defense was actually permitted during the pre-Constitution period. Even appeal was very rare. The first public notice of the use of lawyers that I know of involved thirteen American nationals charged with espionage who were tried and then released in November 1954 by a military tribunal.\n\n冉\n\n* According to an editorial in the Guangming Ribao (Jan. 27, 1957), by 1957 there were some 670 legal advisory offices with 2,100 professional lawyers scattered throughout the country. Fees were paid by clients to the legal advisory office according to their ability to pay. Lawyers were paid salaries by the advisory office. As a defense counsel, people's lawyers were not considered an agent of the accused. They constituted an independent party at the trial and were not bound by the will of the defendant. Their duty was to help clarify the facts and present whatever extenuating circumstances might assist the judges in rendering a fair sentence.\n\n* Codification had been called for as far back as the Yenan Period and in 1948 it was discussed by the Central Committee of the CCP. This led to the formation of a Law Codification Committee in 1950. However, nothing seems to have been done until after the passage of the Constitution. Finally in Nov. 1956 it was announced that a draft criminal code consisting of some 261 articles had been completed by the Law Section of the Standing Committee of the NPC and had been turned over to the Standing Committee's Bills Committee for discussion and amendments.\n\n* Renmin Ribao, Dec. 12, 1957 and Zhenfa yanjiu, 1958, No. 1, 18-23. * Zhengfa yanjiu, 1958, No. 1, 10-17.\n\n10 For an excellent survey of developments during the period 1978-80, see Shao-chuan Leng, \"Criminal Justice in Post-Mao China: Some Preliminary Observations,\" China Quarterly, 87 (Sept. 1981), 440-469.\n\n\"For an English translation of all seven laws, see Foreign Broadcast Information Service, Daily Report: PRC, 27 and 30 July 1979. The Criminal Code and Criminal Code of Procedure have also been translated by Jerome Cohen, The Journal of Criminal Law and Criminology, 73,1 (Spring 1982), 135-203, and by Chin Kim, The American Series of Foreign Penal Codes, No. 25 (Littleton, Colorado: Fred B. Rothman & Co., 1982).\n\n12 Article 43 of the Criminal Code limits the use of the death penalty to only \"the most heinous offenses\" (homicide, rape, arson, robbery, dike-breaching, planting explosives, embezzling public property, and counter-revolutionary crimes). It also stipulates that unless immediate execution is mandatory, a two-year reprieve may be granted. If the offender shows evidence of repentance, the death penalty may be converted to a life or term sentence.", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209504, "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-1982", "page_number": 161, "title": "RAS-1982", "content_text": "139\n\n10 The Homicide Act of 1957 extended to the English courts the Scottish doctrine of Diminished Responsibility, S. 2 of the Homicide Act, 1957, reads that the accused can be found guilty not of murder but manslaughter, if he was suffering from such abnormality of the mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing'.\n\n11 Marjoribanks, op cit, 388. The police stated in evidence that Lock was drinking one-and-a-half to two bottles of whisky a day.\n\n12 Op cit, 389.\n\n**There is an excellent discussion of 'running amok' in Isabella Bird, The Golden Chersonese and the Way Thither (London: John Murray, 1883) 355-357.**\n\n**Sir Ellis Griffith (1896-1934). Called to the Bar, 1925.**\n\n**Sir Frank MacKinnon (1871-1946), afterwards Lord Justice MacKinnon, 1937, MacKinnon had little or no experience of the criminal courts before his appointment to the Bench.**\n\n**Sir Travers Humphreys, A Book of Trials (London: Heinemann, 1953) 162.**\n\n17 F. Tennyson Jesse, Murder and Its Motives (London: Harrap, 1924) 11.\n\n1 In R.D. Laing and A. Esterton, Sanity, Madness and the Family (London: Tavistock, 1964), the authors attempt to discover meaning in madness. They argue that schizophrenia, for example, is not something that comes out of the blue but is a product of family interaction: the sources of schizophrenia are to be found in the family environment, family life.\n\n10 See, for example, the tragic 1938 case of Sidney Paul in E. Spencer Shew, A Second Companion to Murder (London: Cassell, 1961) 168-170. Paul killed his wife because he had lately lost his job. This he had concealed from his wife to save her anxiety, and day after day he had left home as if to go to work as a salesman in the city. At last, in desperation, he killed his wife to save her from destitution.\n\n* This celebrated and unique series was founded in 1905 by Harry Hodge (1872-1947), the Glasgow Publisher.\n\n#1 Homicide and suicide are both forms of aggression: one turned outside, the other inside. Loss of standing or position, related to feelings of shame or injured pride often motivate suicide.\n\n**See William Bolitho, Murder for Profit (London: Jonathan Cape, 1926).**\n\n29 See The Times for September 8, October 23, and December 4, 1919. Also E. Spencer Shew, A Second Companion to Murder. (London: Cassell, 1961) 221.\n\n\"A good account of this development, especially of Man-owned restaurants, is given in James L. Watson, Emigration and the Chinese Lineage: The Mans in Hong Kong and London (Berkeley, Cal.: University of California Press, 1975).\n\n20\n\nMontagu Williams, Q.C., Round London: Down East and Up West (London: Macmillan, 1893) 76-78. It is possible that Williams mistook a party of Malays or Lascars for Chinese. It is also not likely that a group of Chinese would charge into the street shouting \"Amok!\". Williams' account is retrospective and written many years after the events were witnessed by him.", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209648, "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-1982", "page_number": 305, "title": "RAS-1982", "content_text": "NOTES AND QUERIES\n\n283\n\nand also complained about a recent ordinance, passed in April, which had prohibited the use of Chinese copper coins as legal tender in Hong Kong, which he claimed was an interference with the new republican government in Guangdong. After he had made this statement, he was committed for trial at the Criminal Sessions two weeks later.\n\nThe case was heard there before the Chief Justice, Sir Rees Davies. Li was charged with firing a revolver with the intent to kill and murder His Excellency the Governor. There was an alternative charge of intent to do the Governor grievous bodily harm. Li promptly pleaded guilty to both charges. The Attorney General briefly outlined the facts of the case, and the statement Li had made in the magistrate's court was repeated. No evidence was offered as to Li's background or his state of mind. In passing sentence, the Chief Justice said: 'You have pleaded guilty to a most dastardly crime. The motives which you put forward at the police court relate to conditions which have no foundation whatsoever in fact, and they do not in the least palliate your crime'. Li was sentenced to life imprisonment with hard labour.7\n\nMay reported the outcome of the trial to London, enclosing a medical certificate by a prison doctor that Li was of sound mind. He added the suggestion that the prisoner's statement had been mistranslated and that he was complaining about the compulsory repatriation of Chinese labourers from South Africa (Fei Chau) and not about mistreatment of Chinese in Fiji. He concluded: 'It seems quite clear that the attempt upon me was not connected with any political plot. It seems to have been the act of a man who, if not mad, must be of weak intellect'.8\n\nOn the day after the trial, an editorial in the South China Morning Post expressed the hope that this sentence would prove a salutary lesson and deterrent to other criminals. Too much leniency had been shown by the courts, said the editor, and this sentence should put a stop to the recent wave of crime and disorder. Similar views were expressed by the other English-language newspapers. The China Mail thought that the only redeeming feature of the regrettable affair was 'the genuine", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 211094, "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-1987", "page_number": 155, "title": "RAS-1987", "content_text": "130\n\nHis views suggest he was no radical. He thought it undesirable for flogging to be totally abolished. He reminded the Governor that in spite of its degrading nature it was a universal method of punishment in Chinese courts. If it was claimed that this is a barbarous custom, he held this to be sentiment, “and I say sentiment should not be imported into the administration of law, which for public safety needs to be sternly carried out.”\n\nHe further pointed out that even in England flogging was still generally practised for heinous crimes. He advocated the same practice in Hongkong—not total abolition but cautiously administered flogging for only very serious crimes. He believed that \"the security, peace and quietness of the good law-abiding people should not be undermined by any sentimental feeling for the roughs.\"\n\nBut if the abolition of flogging was not to be advocated, the indiscriminate practice of the whip was equally undesirable. The writer cited an instance in which a magistrate ordered a horse-boy flogged because his master charged that he had ill-treated a racing horse and therefore had committed a \"malicious injury\" to property.\n\nHe also pointed out that there were laws on the books in Hong-kong which awarded up to fifty strokes for the crime of injuring plants and trees, as well as “for obeying calls of nature in any public, exposed or improper place to the annoyance of others.\"\n\nStill in force was the provision for fifteen strokes for not co-operating with the Fire Brigade if the Justice of the Peace \"shall think fit and the offender shall be a Chinese.”\n\nAnother correspondent, who signed himself as \"An Englishman,\" used Ng Choy to illustrate the unreasonableness of the necessity for Chinese abroad at night to carry a light.\n\nHe declared: \"I consider it a disgrace to British rule that such a man as Ng Choy, a barrister, should be liable at the present day to be stopped in the street here after dark unless he adopts the childish practice of carrying a lantern. It is true that as the holder of a", "txt_file_path": "txt/dfo323lmgvd/RAS-1987.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/rx919b522", "rank": 0 }, { "id": 211703, "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-1989", "page_number": 118, "title": "RAS-1989", "content_text": "93\n\nas a whole was bitterly critical of the Hongkong Government, and it strongly opposed any suggestion that Government officials should dominate the camp. Mr. Gimson, however, took the view that the Hongkong Government had not ceased to exist, that its authority continued in so far as circumstances permitted, and that, as a matter of practical politics, it was essential that this position be maintained for disciplinary and other purposes unless Japanese intervention was to be constantly invoked. He realised, however, that it was neither possible nor desirable to take a high hand in the matter, and decided to work in with the Communal Councils and trust to time to calm feelings and produce a modus vivendi. He was so far successful that a day or two before we left the camp a resolution asking him to accept the Chairmanship of a reconstituted Council was signed by 1,300 British internees, and the existing British Council tendered its resignation to enable the change to take place. It was clear from this that there was no hostility to Mr. Gimson personally, but the stubborn determination to prevent the \"old gang\" from getting in and \"bossing\" things remained undiminished, and it was tacitly agreed that Mr. Gimson's assumption of the Chairmanship would not involve the placing in executive positions in the camp of the senior Cadet officers.\n\nOne of the rather curious consequences of the \"continuing jurisdiction\" theory is that the Police Courts continued to function, though of course on a very limited scale. Persons were tried and sentenced by the Magistrate for theft. The Chief Justice even declared his readiness to hear certain classes of civil actions, and he did in fact make a decree nisi in divorce proceedings begun before the Japanese occupation,\n\nIt will be noticed that the Japanese interfered actively very little in the internal affairs of the camp. However, they interfered negatively to a great extent, by insisting that nothing was to be changed without their consent, and by refusing to give their consent even in quite trivial matters. They themselves kept aloof. I made repeated written representations about the status of myself and the rest of our Embassy and Consular party and asked for interviews, but received no replies, and it was not until July 20th, when I was about to leave the camp, that I was able to exchange a few words with Mr. Nakazawa, the camp superintendent. Mr. Ohda, the Chief of the Foreign Affairs Section of the Hongkong Military Government, remained quite unapproachable.\n\ns.s. \"Narkunda\"\n\nSeptember 19th, 1942.", "txt_file_path": "txt/dfo323lmgvd/RAS-1989.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8336pm92h", "rank": 0 }, { "id": 212170, "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-1990", "page_number": 112, "title": "RAS-1990", "content_text": "89\n\nCHINA ON THE BRINK OF WAR*\n\nNanking 1937\n\nP. H. MUNRO-FAURE\n\nIn 1937 my business took me to Nanking, to which the government of General Chiang Kai Shek had some time previously removed the capital. His government was now known as the \"Central\" government, not so much to distinguish it from other governments which might pretend to a share of control at the fringes, but rather to identify it with all China; for the character \"chung\", which in the past had been translated \"middle\", as in \"Middle Kingdom\", was used by the Chinese to represent their country. Thus historically the translation \"China\" government would have been more accurate than \"Central\" government.\n\nThis government in the ten short years from 1927 had achieved the most astonishing improvements. It had certainly not attained standards of nation-wide control, justice, individual freedom, fair taxation, or even public works, of the excellence taken for granted in the more advanced democracies of the west, but it had given ample proof of a capacity for progress.\n\nOne weakness in the Chinese administrative system had been the failure to separate the judicature from the executive. The magistrate who tried a case also prosecuted, and then carried out the sentence. The system, of course, gave rise to many abuses. But now a beginning was made with the establishment of independent courts, known as \"Modern\" courts, whose officials had purely judicial functions. These courts were still few in number, the judges were inexperienced, and because they were very poorly paid they were open to corruption; but it was a sound beginning.\n\nSimilarly the lack of a stable civil service had meant that whenever an official was changed, whether, for instance, the magistrate of a country district, or the Commissioner in charge of the former Concession at Kiu Kiang, or the Minister for War, the new man\n\n* This is the second extract of Col. P.H. Munro-Faure's Memoirs. See the Editor's Note at p 61, Vol. 29. [Editor]", "txt_file_path": "txt/dfo323lmgvd/RAS-1990.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/d79206299", "rank": 0 }, { "id": 213455, "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": 51, "title": "RAS-1995", "content_text": "18\n\nconveyances and mortgages (Part II passim) and the derivation of title in accordance with the Crown lease, grant or licence (section 49).\n\nThe ancient Chinese law governing leases is also described in the Memorandum and although it is now superseded by the leases granted by the British it will be of interest to consider it in comparison with modern customary agricultural leases.\n\n\"The relation between landlord and tenant is often a complicated one, chiefly owing to the system of perpetual lease. Under such leases the landlords have practically renounced all rights to the exercise of ownership and are content to do nothing further than to receive a yearly rent. They can sell this right to receiving rent, but the land is otherwise under the absolute control of the cultivators, who often sell their perpetual lease.\n\nThe landlord is called the owner of the \"Ti Kwan\" which may be termed the right of receiving rent. The tenant is said to possess the \"Ti Min\", or right of cultivation.\n\nThe most common practice in the case of land-owners who do not farm their own land, is for them to let it out to tenants, who pay them a fixed rent in kind or in money, the amount of which is settled beforehand. In bad seasons the landlords grudgingly reduce their rent on being asked by their tenants but they are not compelled to do so.\n\n\"Gompertz, writing in 1901, stated that short leases of agricultural land for a year were not uncommon and were usually determined at the end of the spring or autumn harvest by six months' notice on either side.109\n\nCustomary agricultural leases provide the subject-matter of quite a few disputes and this frequent consideration by the courts has caused this kind of lease to be particularly studied.\" \n\nIt has also resulted in there being available a few judicial decisions on this type of land tenure, which are regrettably absent, as already observed, in other branches of the customary law. The most important decision is that of Williams, Acting Chief Justice in the case of CHAN PUI and CHU YAN KIT. That was an appeal from the land officer sitting at Tai Po who had heard expert evidence on the local custom.", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 }, { "id": 215779, "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-2002", "page_number": 78, "title": "RAS-2002", "content_text": "11\n\nsocieties;72 William Pickering was appointed as Chinese Interpreter in 1873, and as Chinese Protector in 1877. These examples also illustrate the gradual introduction of the English system of laws (an alien system) being drawn into and manipulated to serve the purposes of an Eastern society.\n\nHowever, although the problem was reduced, it still exists until the present day. Nevertheless, the Colonial Office did try to improve the situation; a beginning was made, and hence, it could be deduced that the transfer meant a positive step in this area. In this sense, the grounds of the petition were justified.\n\nFurther to the last paragraph of the preceding section, I note again that there were several systems of law regulating the society of the Straits Settlements. In addition to the laws passed by the Indian regime,74 there was also the intervention of the British Parliament from time to time;75 and there were the Chinese secret societies which had their own courts of justice, which provides an example of an alternative system for settling disputes. Thus, amidst radical change in the mainstream administration of justice, there was also continuity in the Chinese system, and it did not die out after the transfer, but instead became a subterranean practice which still continues to exist.\n\nIndian convicts\n\nThis was the last of the problems cited in the petition, and also another hazy issue. Although the merchants complained of the fact that the 'felons sent here [were] being those whose crimes are those of the deepest dye' and that many were sent to the Straits Settlements on a permanent basis, analysis shows that in actual fact the convicts were not as dangerous nor as disadvantageous as they were made out to be.\n\nThe convicts were a source of cheap labour, and hence economically viable. Furthermore, even though they were loosely guarded, very few ever tried to escape. There were occasional violent incidents but these were few and far between, and convicts rarely rebelled against authority. Many of them settled down in the Straits Settlements after serving their prison sentences, as no provision had been made on the Indian government's part, before 1859, to repatriate", "txt_file_path": "txt/dfo323lmgvd/RAS-2002.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mp4901278", "rank": 0 }, { "id": 215789, "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-2002", "page_number": 88, "title": "RAS-2002", "content_text": "21\n\n* infra para. on Chinese secret societies and Indian convicts, for a more balanced understanding of the population behaviour at that time\n\n54 Indian Charter Act of 1833\n\n❝ the Charters of Justice, 1807, 1826, and 1855; Regina v Willians Esq., cf. Maxwell PB, 'The Law of England in Penang, Malacca and Singapore', JA, ns iii (1859) p 26 - 55\n\ncf. Thio Eunice, \"The Singapore Chinese Protectorate and Events and Conditions Leading to Its Establishment, 1823 - 1877' Journal of the South Seas Society xvi (1960); Tan DE, supra, Chap 6\n\n\"Hansard, 3rd series, vol cxlix, p 995\n\n*Thio, supra, p 47 - examples include gang robberies, collection of \"protection\" money from shopkeepers, or contributions in the nature of blackmail; Chiefs of secret societies were also known to hold their own Courts of Justice to settle disputes between members, even for serious crimes eg sometimes mutilated trunks of victims were found in the jungle or elsewhere, usually with the right or left hand chopped up into a certain number of parts and left hanging together by the skin\n\n*Thio, supra, p 51, 52 ; Buckley, supra, p 757 - in the petition, the European merchants had made suggestions to the Indian government on how to improve the situation but the EIC responded with indifference and 'sometimes without even the slightest acknowledgment of their having been made'\n\nThio, supra, p 52\n\n71 Thio, supra, p 53\n\n7\n\n74\n\nThio, supra, p 34\n\nThio, supra, p 77; Tan D E, supra, Chap 6 p 72, 73\n\n(for example, the Currency Act 1855)\n\n(for example, 1837 admiralty jurisdiction, 1848 insolvency jurisdiction, 1855 Charter of Justice etc.)", "txt_file_path": "txt/dfo323lmgvd/RAS-2002.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mp4901278", "rank": 0 }, { "id": 215792, "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-2002", "page_number": 91, "title": "RAS-2002", "content_text": "24\n\nTreaty of Holland (Anglo-Dutch Treaty of 1824), (Hertslet's Treaties Vol VIII) Pangkor Engagement of 1874 (Treaties with Native States Part II)\n\nBill:\n\nStraits Transfer Bill (House of Commons), 1866, V (Session 1 Feb - 10 Aug 1866)\n\nStatutes:\n\nAct 24th George III Cap 25 (1784)\n\nIndian Charter Act of 1833\n\nIndian Act No. XVII of 1855\n\nCharters of Justice (1807, 1826, 1855)\n\nThe Colonial Laws Validity Act, 1865, 28 & 29 Vic, Cap 63\n\nThe Government of the Straits Settlements Act, 1866, 29 & 30 Vic, Cap 115\n\nThe Courts (Colonial) Jurisdiction Act, 1874, 37 & 38 Vic, Cap 27\n\nThe Straits Settlements Offences Act, 1874, 37 & 38 Vic, Cap 38\n\nCase:\n\nRegina v Willians Esq (1858) (3 Ky 16)\n\nSecondary Sources:\n\nAllen, Richard H S, 1968, Malaysia, Prospect and Retrospect. The Impact and Aftermath of Colonial Rule, Oxford University Press\n\nAuber, P, 1826, An Analysis of the Constitution of the EIC and the Laws Passed by Parliament for the Government of Their Affairs at Home and Abroad, London\n\nBlythe, W L, 1969, The Impact of Chinese Secret Societies in Malaya, Kuala Lumpur\n\nBraddell, Roland St John, (1915) 1982, The Law of the Straits Settlements. A Commentary, Oxford University Press (Kuala Lumpur)\n\nBraddle, T, (1853) 'Notices of Singapore', JIA, vii, 1328\n\nBuckley, Charles Burton, (1902) 1984, An Anecdotal History of Old Times in Singapore, Oxford University Press", "txt_file_path": "txt/dfo323lmgvd/RAS-2002.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mp4901278", "rank": 0 }, { "id": 216387, "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-2003", "page_number": 146, "title": "RAS-2003", "content_text": "96\n\non Civil and Political Rights, and the International Covenant on Social, Cultural and Economic Rights, in claiming that rights inhere in individuals and in communities to a fair allocation of the earth's resources and opportunities. This includes access to the legal system.\n\n6.1 Distributive Justice and a Fair Trial\n\nMany international conventions and other instruments emphasise the right to a fair trial, although they may differ in practice as to what such a trial might involve. Article 13 of the Agreement of March 2003 refers to the right to a fair and public hearing, to be presumed innocent until proved guilty, to engage a counsel of his or her choice, to have adequate time and facilities for preparation of defence, to have counsel provided if lacking means to pay for one, and to examine the witness against him or her.\n\nThe issue which caused the United Nations to withdraw from negotiations with the Royal Government was the question of a fair trial. The Khmer Rouge had particularly targeted intellectuals of various kinds, including lawyers. The courts formed in the aftermath of the Khmer Rouge regime were created using judges with few if any legal qualifications. Prosecutors had even less legal formation.1 Besides the lack of trained personnel, participants and commentators have drawn attention to the lack of independence of judges and prosecutors, who are subjected to government interference.1 The recent history of Cambodian governments suggests that the concept of judicial independence is an alien concept: courts are expected to respond to government directives.1 Even in the absence of interference, the prosecutors may claim that they lack the funds to carry out investigations.\n\n6.2 Distributive Justice and Fair Trials\n\nDistributive justice requires that like cases should be treated alike. But the proposed tribunal for the Khmer Rouge is limited in jurisdiction to one period in Cambodia's history, the period of Democratic Kampuchea. Yet commentators have pointed out that there may have been breaches of law committed by other participants in the long-running wars which have affected Cambodia.12 If these are excluded from scrutiny, then the legal process becomes a kind of \"victor's justice\"", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 }, { "id": 216388, "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-2003", "page_number": 147, "title": "RAS-2003", "content_text": "and fails to satisfy the demands of distributive justice.\n\n97\n\nNevertheless, the Agreement limits the jurisdiction of the Extraordinary Chamber to senior leaders of Democratic Kampuchea, and to the period 17 April 1975 to 6 January 1979.\n\n6.3 Distributive Justice and the Justice System:\n\nIn an ideal world, adequate financial and other resources should be made available for the justice system, so that every case would receive quality justice. But in reality, no society has unlimited resources. Distributive justice then requires that the resources should be allocated in such a way as to maximise or equalise each person's access to justice.\n\nA common response to this has been to propose that international tribunals, which are very expensive, should concentrate on the leadership, and not undertake every case involving an atrocity. The proposed tribunal for Cambodia will be costly - budgets of up to USD $60 million have been suggested. The number of trials is likely to be less than ten, and may not lead to a conviction.14 While such costs may compare favourably with the costs in other international tribunals, nevertheless it is a major allocation of resources for a few cases.\n\n13\n\nNevertheless, it could be argued that distributive justice would be better achieved by using these funds to improve the capacity of the Cambodian legal system to handle these cases, and the many other cases which come before the courts.\n\n16\n\nFor international donors, the tribunal is important for its symbolic role, as a special part of the legal system. Other states,15 international organisations,1 and non-government organisations have contributed considerable funding and effort to the improvement of the Cambodian legal system (capacity building), and these states and organisations are often most supportive of the proposed tribunal.\n\nIn Rwanda, an alternative approach has been taken in order to handle the large number of outstanding cases awaiting trial. This has been the adoption of an economical and indigenous reconciliation programme, known as Gacaca.... However, there is no parallel process", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 }, { "id": 216389, "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-2003", "page_number": 148, "title": "RAS-2003", "content_text": "98\n\nfor Cambodia, and it seems that there will be few, if any, trials other than those planned for the tribunal.\n\n6.4 Distributive Justice and Legal Aid\n\nIn theory, legal aid should be available to all participants in a legal process, to ensure that a fair trial results. In practice, lack of resources means that legal aid is rationed to certain pre-selected cases. The criteria for rationing may mean that legal aid is only available for criminal cases, or only available for criminal cases where the penalties are severe. Also, legal aid may be rationed to the most needy applicants. Sometimes this can mean that the poorest litigants have access to legal aid, the richest litigants have access to paid lawyers, while the bulk of people in the middle effectively have no access to the courts.\n\nArticle 13 of the March 2003 Agreement between the United Nations and the Royal Government provides the right of defendants to have legal counsel if they wish. Then Article 17 of the Agreement makes financial provision for defence counsel the responsibility of the United Nations, which will act as a form of legal aid.\n\n7. Law, Justice, and other Values\n\nThe limitations of legal systems have meant that societies have sought other methods besides Courts and Tribunals to achieve desired objectives.\n\n7.1 Discovering the Truth:\n\nOne objective, going beyond what a court can do, is to provide for a system which “tells the truth\" about an era, and enables reconciliation. Sometimes, the pattern of injury and counter-injury is such that punishment is not appropriate, and simply telling the truth opens the possibility for healing and reconciliation. One of the earliest international examples is the provision under the Geneva Conventions and Protocols for an International Fact Finding Commission.18 Not surprisingly, there are those in communities who would prefer the truth to remain hidden, and these structures have rarely been used. So we should not be surprised to discover that the International Fact Finding Commission has never been used.", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 } ]