[ { "id": 208411, "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": 135, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\nfrom the right to own property.\n\n119\n\nA recognition of these evils by modern, educated Chinese has led to a vigorous and disruptive attack upon the whole traditional system. Sun Yat-sen recognized these evils, and the new civil code of the Republic aims to break the grip of the family system by altering its legal basis.1\n\nII\n\nAn interesting outcome of this family unity is the theory of mutual responsibility. This theory is of the utmost importance both in family life and in village government, of which it is a cornerstone in legal theory and in practice. The family is collectively and directly responsible for the crimes of each member. Indeed, one of the postulates of Chinese law seems to have been this principle.2 Under the Ch'ing dynasty punishment for the crimes committed by an individual might sometimes be visited upon any or all the members of his family, even to the extent of death for the whole group in serious cases.3\n\nIn customary practice this phenomenon of mutual responsibility is very active. The deeds of each member of the family are the intimate concern of all. Strong pressure will be brought to bear upon an individual to prevent or to correct breaches which might impair the reputation of the family or entangle it in quarrels and law suits. Kulp, in his study of Familism in South China, finds that all offenses except failure to pay taxes are in reality against the family, and are subject to judgment in the first place by the family and its leaders. The extreme inquisitiveness of the typical Chinese villager is but one aspect of this feeling of responsibility for all that\n\n1 China. National Government; The Civil Code of the Republic of China. Vol. II, p. vii. For particular examples see below p. 14, 15.\n\n2 On this point see: Alabaster, Ernest; Notes and Commentaries on Chinese Criminal Law, p. lxx-lxxii, 151, 152, 193-196. On the evils of mutual responsibility, from the legal point of view, ibid., p. lxxi-lxxii,\n\n3 Ta Ch'ing Lu Li, (****), (Sixth Division: Criminal Law, Book I, Sec. 254) translated by Staunton, George T.; Ta Tsing Leu Lee, Being the Fundamental Laws, and a Selection from the Supplementary Statutes of the Penal Code of China, p. 269-270. See also: Alabaster; op. cit., p. lxvi, 466-467; Boulais, Guy; Manuel du Code Chinois, p. 464-466.\n\n4 Kulp, Daniel Harrison; Country Life in South China, Vol. I: Phenix Village, p. XXVIII. (This work will hereafter be referred to as Phenix Village.)\n\nPage 135\n\nPage 136", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208415, "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": 139, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\nIV\n\n123\n\nThe most important of these cultural agents responsible for the customary authority both of the Chia-chang and of the village elder is the filial piety-ancestor worship complex. The two are closely interwoven now, and have been for many centuries. Ancestor worship seems to have been the contribution of the earliest Bronze Age peoples,1 and the concept of filial piety to have originated from it. In the new religion developed by the Confucianists, ancestral worship became really secondary to filial piety, though a corollary of it.2 As a moral force it is very strong, having behind it for sanction the dead weight of thousands of years of social approval in literature and legend, in history and in law.3\n\nHsiao (#), imperfectly translated as Filial Piety, is the basic moral and ethical code of the Chinese. It emphasizes primarily the proper relationship between children and parents; but it extends to regulate the behavior between members of the whole family and clan, and even to certain relationships between individuals in the world at large. Proper behavior in all such situations is highly stereotyped and highly formalized: there is a proper way to act towards each of one's relatives with reference to his age, his rank and the degree of consanguinity.\n\nAlthough the behavior between members of a kin group is, theoretically at least, very formalized, there are two other facts which need to be emphasized in this connection. In the first place, this formalism, which is a part of the ethics of filial piety, is not a matter of external etiquette alone. On the contrary, these attitudes are, psychologically speaking, at the very core of an individual's character. They are his most fundamental reflexes, and are the very framework of his social consciousness. Secondly, as a result of this thorough conditioning, the individual has a constant feeling of reverence for age in general. He learns to respect the opinions of those older than himself, and to conform to their judgment and arbitration. In village government the remarkable authority of the\n\n1 Bishop, C. W.; \"Prefatory Note on the Worship of Earth in Ancient China.\" p. 4.\n\n2 Hu, Shih; \"Religion and Philosophy in Chinese History\", p. 33.\n\n3 The concept of filial piety has, for example, literally permeated the criminal code of the nation. See: Alabaster, G.; op. cit., passim, especially section on relationship, p. 143-216.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208457, "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": 181, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n165\n\nany contingency of administration which faced the small and self-contained villages of the rural districts in which the great mass of the Chinese people dwelt.\n\nAuthor's note: On rereading this effort of an aspiring young Sinologue in Peking some 45 years ago, the author realizes how quaint it must seem today for the \"state of the art\" is far advanced since then, with a proliferation of on-the-ground studies of Chinese rural life done by sociologists and social anthropologists in China, Hong Kong, and Taiwan. They provide concrete information on village governance richer than all one could find in 1933, C.M.W., 15 October 1979.\n\nBIBLIOGRAPHY\n\nI. WORKS CITED IN THIS PAPER.\n\nAddison, James T.; Chinese Ancestor Worship: a Study of its Meaning and its Relations with Christianity. No place, Chung Hua Shen Kung Hui, 1925.\n\nAlabaster, Ernest; Notes and Commentaries on Chinese Criminal Law and Cognate Topics, London, Luzac, 1899,\n\nBazin; \"Recherches sur les Institutions Administratives et Municipales de la Chine\" (Journal Asiatique. 5th Series, vol. 3, 1854, p. 6-66; vol. 4, 1854, p. 249-348), (The two papers are differentiated by the Roman numerals I and II.)\n\nBishop, Carl W. Man from the Farthest Past. New York Smithsonian Institution, 1930. (Smithsonian Scientific Series, vol. 7.)\n\nBishop, C. W.; \"Prefatory Note on the Worship of Earth in Ancient China.\" (Excavation of a West Han Site. Shanghai, no pub., 1932, p. 1-20.)\n\nBishop, Carl W.; \"The Rise of Civilization in China with Reference to its Geographical Aspects\" (Geographical Review, Oct. 1932, p. 617-631.)\n\nBoulais, Guy; Manuel du Code Chinois. Shanghai, Imprimerie de la Mission Catholique, 1924. (Variétés Sinologiques 55.)\n\nBuck, John L.; Chinese Farm Economy; a Study of 2866 Farms in Seventeen Localities and Seven Provinces in China. Shanghai, Commercial Press, 1930.\n\nChen Huan-chang; The Economic Principles of Confucius and His School, 2 vols. New York, Columbia, 1911.\n\nChina National Government. The Civil Code of the Republic of China. Translated into English by Hsia, Ching-lin: Chow, James L. E.; Chang, Yukon, 2 vols. Shanghai, Kelly and Walsh, 1930-31. vol. 2.\n\nChina Year Book 1932. (Woodhead, H. G. W. Ed.) Shanghai, North-China, 1932.\n\nChinese Repository. See: \"Clanship Among the Chinese.\"", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 209464, "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": 121, "title": "RAS-1982", "content_text": "THE NEW CONSTITUTION AND\n\nCHINA'S EMERGING LEGAL SYSTEM\n\nIN PERSPECTIVE\n\nW. ALLYN RICKETT*\n\nOn December 4, 1982, China's National People's Congress (NPC) adopted the fourth and perhaps most favourable constitution since 1949 in terms of paper guarantees for the protection of individual citizens against the arbitrary abuse of Party and state power. When coupled with such laws as the Criminal Code and Criminal Code of Procedure, promulgated in July 1979 and implemented in January 1980, there is some room for optimism that China has embarked on a path toward a stable legal system and the provision of basic guarantees for the rights of its citizens. However, given China's traditional disregard of individual rights and the almost constant state of political turmoil prevailing throughout this century, not to mention the Chinese Communists' generally negative attitude toward jural or formal law in the past, such optimism may well prove to have been undeserved. It might be worthwhile to look briefly at previous efforts on the part of the Chinese Communists to establish some semblance of a stable legal system before trying to reach any conclusions about the future.\n\nThe early judicial experience of the Chinese Communists, which began with the special tribunals set up in Hunan in 1926-27 to try \"bad elements,\" can at best be described by Mao Zedong's own words \"zao de hen\" [extremely crude]. It was not until November 1931 with the founding of the Chinese Soviet Republic in Jiangxi that any real attempt was made by the Communists to establish a formal body of law and judicial procedure. During this and the following Yenan period, laws were promulgated and legal institutions established, but this took place within the context of violent revolutionary struggle and the war of resistance against Japan. Moreover, judicial personnel\n\n* Professor Rickett is Professor of Chinese Studies at the University of Pennsylvania.", "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": 209476, "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": 133, "title": "RAS-1982", "content_text": "111\n\nWork of Lawyers of the People's Republic of China” adopted by the Standing Committee of the NPC in August 1980. Their duties are to give help to government organizations, enterprises and other undertakings, social bodies, people's communes, and ordinary citizens so as to ensure the just implementation of the law, and to defend the interests of the state and the collective and legitimate rights and interests of citizens. As pointed out in an article appearing in the Beijing Review: Lawyers are state legal workers who work in legal advisory offices which provide their leadership and pay their salaries. Unlike lawyers in capitalist countries who work for their clients, lawyers in China proceed from the stand of the people and safeguard the correct implementation of the law and the legitimate rights of litigants.15\n\nOther protections are provided by the Criminal Code and Criminal Code of Procedure: Articles 136 and 137 of the former forbid the use of torture to extract confessions and gathering a crowd for purposes of \"beating, smashing, and looting,\" while article 32 of the latter forbids the extortion of confessions by torture or duress and the collection of evidence by threat, enticement, deceit or other illegal means. Article 35 of the Criminal Code of Procedure goes on to state that in handing down judgments stress shall be laid on the weight of the evidence, and \"when there is only a statement by the accused and no other evidence available, the accused shall not be considered guilty and sentenced.\" The Criminal Code also attempts to deal with two serious problems of the past: Article 9 provides that the law shall not be applied retroactively, and Article 135 prescribes severe punishment for state functionaries who intentionally bring false charges against people. The Criminal Code of Procedure (Articles 43-52) further establishes detailed procedures governing arrest and detention, requiring warrants for arrests, eliminating secret arrests, and setting strict conditions and time limits under which a person may be held without a proper warrant authorized by the procuratorate.\n\nThe Criminal Code is based on drafts prepared in the mid-1950s which in turn appear to have been based on the 1926 Soviet RSFSR Criminal Code. This later Code, replaced in the Soviet Union in 1958, was severely criticised in its day, and it is", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209477, "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": 134, "title": "RAS-1982", "content_text": "112\n\nW. ALLYN RICKETT\n\nunfortunate that some of its worst features have been incorporated into the Chinese Code, including the use of analogy (Article 79) and a broad classification of \"counter-revolutionary offenses.” Articles 90 to 104, dealing with such offenses require the court to determine the motive for a range of acts which might or might not have as their purpose \"overthrowing the political power of the dictatorship of the proletariat.\" For example, Article 102 stipulates that \"using counter-revolutionary slogans, leaflets or other means to spread propaganda inciting the overthrow of the political power of the dictatorship of the proletariat and the socialist system\" is to be punished by a fixed-term imprisonment, detention, surveillance, or deprivation of political rights for not less than five years. Since the classification of a presumed offense as counter-revolutionary then depends on a subjective interpretation of motive in this type of case, it is difficult to know when the constitutionally guaranteed freedom of speech and press become counter-revolutionary.\n\nIt is understandable that since this is their first attempt to produce a general criminal code, the compilers were reluctant to give up the useful tool of analogy to cover any gaps in the law that might appear later on. The drafters of the Code were, however, not oblivious to the dangers inherent in the application of analogy and therefore stipulated that its use had to have the approval of a Higher People's Court. The articles dealing with counter-revolution are a far more serious matter. Again they are understandable given the turbulent history of modern China, the on-going civil war with the Kuomintang on Taiwan, and the hostile treatment accorded the People's Republic by most of the world throughout most of its history, not to mention the general paranoia which seems to take hold of most societies going through a revolution. However, it is precisely because of these articles and the psychological condition which produced them, that one continues to feel some concern for the future in spite of all the positive steps that have been taken since the fall of the Gang of Four.\n\nThis concern is further strengthened by another disturbing factor. I mentioned earlier that one of the characteristics of the period following the Anti-Rightist Movement was the development", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209478, "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": 135, "title": "RAS-1982", "content_text": "113\n\nof informal, so-called non-criminal sanctions which could be imposed by other bodies than the courts. In November 1979, the Standing Committee of the NPC adopted a resolution to revive the August 1957 \"Decision of the State Council of the PRC Relating to Problems of Rehabilitation Through Labour,\" which permitted administrative agencies to confine a wide range of offenders including vagrants, hooligans, persons committing minor crimes, and counter-revolutionaries and antisocial reactionaries who have committed minor offenses to forced labour without trial for a period of up to four years.14 To administer this programme Rehabilitation Through Labour Committees have been established at the local level consisting now of representatives from local bureaus of public security, labour, and civil affairs.15 The reason for reviving this Decision was ostensibly to provide local people with a weapon to combat the rapid increase in crime (largely involving young people) which occurred after the Cultural Revolution, but numerous reports indicate that the programme is also being used to suppress 1) dissidents without their being able to claim any of the rights prescribed for an accused in the Criminal Code of Procedure and 2) young people who are unwilling to accept the mores and life style of the older generation.16\n\nThere are also frequent newspaper reports which indicate that cadres are continuing to behave in the old pattern irrespective of what the law may say, detaining people illegally, setting up clandestine tribunals, arbitrarily interrogating people and even tying them up and marching them around to be struggled against, extorting confessions by torture, illegally searching people's homes and humiliating them. Lawyers, in spite of their status as state workers, are frequently treated as traitors, no better than the offenders themselves, when they try to defend their clients. To what extent these practices prevail or go unpunished is difficult to tell, but police brutality and judicial arrogance do not die easily in any society, not to mention one which in the past has provided ideological justification for such behaviour.\n\nGiven the long history of China's disregard for civil rights and the persistence of Anti-rightist ideology as well as the practical problems involved in re-educating cadres and enforcing the\n\nPage 114\n\nPage 135\n\nPage 136", "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": 209482, "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": 139, "title": "RAS-1982", "content_text": "117\n\nLi Yunchang, \"The Role of Chinese Lawyers,\" Beijing Review, 1980, 46 (Nov. 27) 24-25.\n\nFor a translation of the original Decision see Jerome Cohen, The Criminal Process in the People's Republic of China, 1949-63 (Cambridge: Harvard University Press, 1968), pp. 249-50. For a translation of the 1979 resolution see \"Supplementary Regulations of the State Council on Rehabilitation Through Labor,\" Foreign Broadcast Information Service, Daily Report: PRC, Nov. 30, 1979.\n\n15 For a rather favorable report on one aspect of the programme, see Wei Min, “Reforming Criminals,” Beijing Review, 1981, No. 8 (Feb. 23), 22-29.\n\n16 See Bryan Johnson, \"China Dissidents Fall through Crack in New Legal Code,\" Christian Science Monitor, Jun. 18, 1979: 1, Jay Mathews, \"Chinese revive labor camps for youthful dissidents,\" Washington Post, Jun. 1, 1980, Al and Fox Butterfield, \"Hundreds of Thousands Toil in Chinese Labor Camps,\" New York Times, Jan. 3, 1981, 1,4.\n\n17 According to a New China News Agency report at the time of the conviction of the dissident Wei Jingsheng in October 1979, one of the charges levelled against him is that he had violated these specific provisions of the Constitution. See US, China Review, 4.2 (Mar-Apr. 1980), 8.\n\n18 The Chinese text of the new Constitution was published in the Renmin ribao, Dec. 5, 1982. For a translation see Beijing Review, 1982, 50 (Dec. 27), 10-29.\n\n20 Peng Zhen, \"Report on the Draft of the Revised Constitution of the People's Republic of China,\" Beijing Review, 1982, 50 (Dec. 13), 10-11.", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 210838, "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-1986", "page_number": 189, "title": "RAS-1986", "content_text": "172\n\nCARL SMITH\n\nHe wrote: \"The farce of bringing up Chinese in English fashion the decoration of swine with pearls will probably by this exposure, receive a deserved check.\" And in another diatribe he remarked: \"Give a Chinese boy an English education, and you give him the means to become a greater rogue than he was born.\"\n\nThe newspaper correctly predicted that the case would not come before the court for lack of sufficient evidence, even though it was placed on the calendar for the next Criminal Sessions. The prisoner, however, would be kept in prison for a time and then quietly released.\n\n\"Thus,\" the paper commented, \"the whole matter will be hushed up quietly; and the London Missionary Society's operation in China will not be abridged by the loss of a useful member.\n\nThe society, however, did not take the matter lightly. A-sow was suspended from the church until he should show proper contrition, and he was relieved of his part-time teaching duties.\n\nHe was later restored, but only to fall again.\n\nREPRIEVED ONLY TO STRAY AGAIN\n\nDr. James Legge had a forgiving spirit. When Ho Fuk-tong had violated an accepted moral code while a student at Malacca, he was received back by Dr. Legge, an act Dr. Legge was never to regret. Perhaps he had this in mind in his attitude towards Ng Mun-sow after his involvement in the case of the missing bills of exchange.\n\nAfter his appearance at Court, A-sow had been suspended from church privileges and dismissed as an assistant teacher, though he was not completely cut off from the mission community. To have done so would have probably bound him closer to the bad companions he had been associating with and who had led him astray. This, at least, was Dr. Legge's view of the matter.\n\nThe decision seemed justified when some months later A-sow submitted a letter to the church expressing deep sorrow for his", "txt_file_path": "txt/dfo323lmgvd/RAS-1986.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/jq08c7063", "rank": 0 }, { "id": 216428, "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": 187, "title": "RAS-2003", "content_text": "137\n\nMost were mounted on Manchurian ponies, and were rough, brutal and, beyond the bounds of towns, unrestrained. Occasional bandit-suppression campaigns and schemes to tame or buy off thugs were only temporary checks. There were two generic names for bandits in Manchuria, one mainly reported across the south, was Red Beards, Hong Huzi (in the romanisation of the day - Hung Hutse) while the less well-known term for those across the north was Chunchuse. Red Beards included a mixture of seasonal bandits who came over to rob and pillage from Shandong. This mutated into the Red Beards, local criminal thugs, both individual groups and those part of a larger network, thieving as a way of life due to endemic poverty.\n\nAny act of brigandry in southern Manchuria was blamed on the Hong Huzi; hence, sketches in British illustrated journals of Chinese robbing the dead and dying on the field of battle all bore the caption naming the robbers as Hong Huzi.\n\nOne of the better-known Chinese \"brigands,\" a seasonal worker from Shandong, was Wang Delin.* By 1899 he had established a considerable following among Chinese workers in Manchuria opposed to Russian encroachment, and in 1903 he openly declared his opposition to both the Russians and the non-Chinese Qing dynasty. His band operated along the eastern part of the China Eastern Railway, attacking trains and Russian shipping on the rivers. His men had a code of conduct based on three rules:\n\nThey were forbidden to harass or harm Chinese\n\nThey should not kill captured Russians without reason\n\nAnd, they should assist the poor and helpless.\n\nHis band was typical of the gangs roaming Manchuria with their various motives, some simply thugs and robbers others political, but all were generically referred to as Hong Huzi.\n\nWesterners writing about their travels in Manchuria were not slow in providing valid reasons for their nickname. Harvey Howard in his Ten Weeks with Chinese Bandits [1927] explained that 'during the 18th and 19th centuries roving bands of unshaven, red-bearded Russians", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 } ]