[
    {
        "id": 207842,
        "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-1976",
        "page_number": 230,
        "title": "RAS-1976",
        "content_text": "far as I can see, it is not fear that keeps people away from the court so much as unfamiliarity with technically administered justice and reluctance to become involved with professional lawyers.\n\n41. Through the courtesy and co-operation of the Registrar of the Supreme Court, the Registrar at the Kowloon District Court, and the District Judge, I was able to collect some information on recourse to the Fanling District Court (which covers most of the New Territories) since its establishment. From 27 Sept. 1961 to 19 April 1963, 1,741 cases were heard (436 in 1961, 1,179 in 1962, and 126 in 1963). The cases can be seen to fall mainly into four classes: 'goods', 'loans', 'possession', and 'dishonoured cheques'. In round figures the 'goods' cases amount to 280, 'loans' cases to 1,170, 'possession' cases to 70, and cases of 'dishonoured cheques' to 60. The 'loans' cases, which account so heavily for the business of the court, owe their great number to the activity of the Director of Agriculture and Forestry in claiming his due. It is the 'possession' cases which bring us into the traditional field of New Territories disputes: land. But in fact these cases seem to be largely about tenancies held by immigrants, the terms on which land is to be let for vegetable-growing and poultry-keeping (particularly with respect to the termination of leases) not yet having become standardised to the point where there is a generally recognised custom. The only other classes of cases where numbers rise to any significant degree are 'rent' (18 cases), 'wages' (29), 'wages in lieu of notice' (24), and 'tax' (16). So that, on the whole, the business of the court appears to be largely bound up with the relations between government and individuals and between long-settled residents and outsiders with whom they have become commercially engaged. Matters touching 'Chinese law and custom' have hardly yet reached the court. The extent to which lawyers were involved in the cases is worth noting. In 151 cases solicitors acted for plaintiffs; but only 3 defendants were so represented. (There are no solicitors outside the urban area and no sign yet that rural practices may develop).\n\n42. The second question raised at the beginning of paragraph 40 has already been answered in part: so far what has been regarded as falling within the province of 'Chinese law and custom' has barely been in question in the court; but the court is so constituted that if such cases do arise District Officers and other experts can be asked to sit with the judge, and it will be interesting to see whether cases of this kind do arise in the future in any considerable number.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1976.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/hq382988q",
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    },
    {
        "id": 207856,
        "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-1976",
        "page_number": 244,
        "title": "RAS-1976",
        "content_text": "SOCIAL RESEARCH IN THE N.T. OF HONG KONG, 1963 229\n\nher grave was on the head her descendants would be very great men: but if on the tail they would be more humble people, perhaps officers of low degree, and, although prosperous, none would succeed to high rank.' The princess chose the tail because she preferred her descendants to stay humble, she herself having suffered so much. See Sung Hok-p’ang, ‘Legends and Stories of the New Territories”, IV. Kam T'in (continued)', The Hong Kong Naturalist, vol. VII, no. 1, April 1936, pp. 34f.)\n\n62. The term fung shui is often used to mean simply a grave, and there is no need to stress the point that burial lies at the heart of geomancy. But in fact fung shui covers all aspects of men's dwellings on earth. Every territorially defined unit of society has its fung shui, from the household up to the state. The residence of the head of the state affects the prosperity of the country. (For this reason great emphasis is often placed on the geomantic excellence of Government House). The fortunes of cities, towns, and villages depend on their physical arrangement and dominating buildings. Political units take their fate from government offices. (The fung shui of the new Fanling District Court has impressed many locals). The fung shui of an ancestral hall determines the fortunes of members of the clan. (For this reason it is hardly ever to be found inside a wai, a walled enclosure; it must have free access to its site). A house shapes the destiny of its master and those for whom he is responsible. Consequently, geomancers are often employed to advise on the siting, orientation, certain architectural features (especially height), and work—and opening-dates of domestic and other buildings. Indeed, there appears to be some specialisation among fung shui sin shaang in the New Territories, some of them putting themselves out to be experts on graves and others on buildings.\n\n63. Burial and the fung shui associated with it differ markedly in city and countryside. Only the rich among the people in the urban area can afford to escape the regimentation of their dead in cemeteries and seek geomantically favourable sites in private plots. (Some in fact acquire the right to bury their dead in land forming the traditional preserves of village communities. They may have to pay dearly for the privilege. Along one of the main roads in the New Territories there stands a pavilion, now many years old, which was put up as part of the compensation to the local people for the geomantic disturbance caused them by the burial in their area of a",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1976.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/hq382988q",
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    },
    {
        "id": 213450,
        "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": 46,
        "title": "RAS-1995",
        "content_text": "13\n\nwithin 30 years, perpetual leases at low rentals and leases for short terms of 5 to 10 years. Red deeds are the only deeds of which the Government takes cognisance and the Crown Rent is collected on these deeds only.'\n\nWe need not consider further the details of the Chinese deeds and their system of registration since Lockhart reported-\n\n\"Although the system of land registration adopted by the Chinese is apparently simple, the difficulties that have been experienced in connection with it show it to be of the most unsatisfactory nature, especially as not much reliance can be placed upon the accuracy of any title deeds registered under it.\n\n15\n\nThe expedient adopted by the Hong Kong Government to resolve these difficulties is well-known, a Land Court was set up to hear claims to tenure of land and those established were confirmed by the Government and recorded as Block Crown Leases, commonly known as \"Old Schedule Plots.'\n\n11\n\nLockhart in his Report described the Chinese method of Land measurement:-\n\n\"Owners or occupiers report their land in mau or Chinese acres, but as it has not been the general custom in the districts to calculate the area of land by mau, but rather by the amount of grain required to sow a field, they also report the area of their land in this manner, two and a half tau of grain being equivalent to one mau (0.1515 English acre)\n\nBut even this tau varies in different localities. The Kun Tau or Chinese official standard measure of 10 shing, is adopted at Taipo, in Sheung Shui District and at Sha Tau Kok. The Ts'ong Tau or grain measure of 11 shing, is used throughout the Fanling District. The Tsin Tau of 8 shing is employed in the Tsuen Wan and some other Districts..\n\nAs to hill and waste land the Memorandum reads:-\n\n\"All hills and waste lands are claimed by the nearest villages or most powerful clans in the neighbourhood or even at a distance.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g",
        "rank": 0
    },
    {
        "id": 213467,
        "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": 63,
        "title": "RAS-1995",
        "content_text": "30\n\nIf a widow marries again she must either marry another man from her deceased husband's family or she must get the consent of her deceased husband's elder brothers to bring an outsider into the family. Otherwise she cannot touch the property left by her deceased husband.\n\nTo conclude this attempt to state the Chinese customary law obtaining in Hong Kong's New Territories it would appear appropriate to refer to a passage in the address of the Chief Justice of Hong Kong, Sir Michael Hogan, which he delivered on the occasion of the opening of the new courthouse at Fanling on 2nd September last year [1961 - Editor] :-\n\n\"I understand... that some anxiety has arisen as to whether Chinese customs and customary rights will be affected, and whether judges sitting in the District Court will be as familiar as were the District Officers with those customs and customary rights\n\nThe answer to that anxiety may be found in the power, conferred by section 15 of the District Court Ordinance, on the judges of requesting the District Officers or anybody also to sit as assessors in any case in which that course would be desirable. Section 17 of the New Territories Ordinance which provides for the application of Chinese custom and customary rights in appropriate cases remains untouched and will continue to apply as before. Indeed, it may well be that our system of law reporting, whereby decisions are recorded, published and made available for perusal by all who are interested can contribute to the ascertainment and preservation of those customs and customary rights, about which it is frequently so difficult to obtain reliable information and evidence.\"\n\nNOTE\n\nNew Territories (Amendment) Ordinance, 1961 (No 13 of 1961) and New Territories (Amendment) (No 2) Ordinance, 1961 (No 15 of 1961)\n\n1\n\ns 16 (as amended) New Territories Ordinance (Cap. 97) Prior to these amending Ordinances, the Supreme Court had original jurisdiction in respect of land having a capital value exceeding $10,000 or an annual value exceeding $1,000 (vide s 2(1)(d), now repealed, and former s 16, now replaced, and the decision of REECE J in AU SUN YUE and CHUNG YAU 1958, HKLR 235)",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g",
        "rank": 0
    }
]