[
    {
        "id": 205980,
        "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-1970",
        "page_number": 60,
        "title": "RAS-1970",
        "content_text": "HONG KONG CADETS, 1862 - 1941 \n\n55 \n\n19 Kenneth Myer Arthur Barnett (born 1911). Educated at Mill Hill School, London, and King's College, Cambridge, Hong Kong Civil Service 1934. Retired as Director of Census and Statistics 1970. \n\n40 Quoted in James Hope Hennessy's Verandah, London, 1964, p. 186. Hennessy is quoting, presumably, from Sir George Bowen's Thirty Years of Colonial Government, London, 1889, which I have not seen. \n\n41 Margery Perham, op. cit., p. 302. Lugard also liked and trusted A. W. Brewin, the Registrar General: \"if he once said, he was very 'pro-Chinese' this was really a compliment. He would allow Brewin to forbid his own delivery of a speech to a Chinese gathering. He could not always understand the reason ‘but I trust implicitly in him'.\" \n\n42 E. J. Eitel \"Chinese Studies and Official Interpretation\", p. 8. \n\n43 Alleyne Ireland, Far Eastern Tropics, London, 1905, p. 34. In 1901 Ireland was appointed Colonial Commissioner of the University of Chicago for the purpose of visiting the Far East. \n\n44 Ibid., p. 32. \n\n45 Norman Gilbert Mitchell-Innes (1860-1947). Educated at Repton and Edinburgh Academy, Hong Kong Civil Service 1881; Treasurer 1891; left Hong Kong Service in 1896 and transferred to the Home Prison Service. Des Voeux thought highly of Mitchell-Innes. See G. B. Endacott, Government and People in Hong Kong 1841-1962, Hong Kong, 1964, p. 112. \n\n46 Report on Defalcations in the Treasury, Sessional Papers, Hong Kong, 1893, p. 546. \n\n47 Ibid., p. 546. \n\n48 Norton-Kyshe, vol. 2, p. 447. \n\n49 Ibid., p. 447. \n\n50 Sir Arthur George Murchison Fletcher (1878-1954). Educated at Cheltenham College and Trinity College, Oxford, Hong Kong Civil Service 1901; transferred to Ceylon 1927; Colonial Secretary, Ceylon, 1926-9; Governor of Fiji and High Commissioner for Western Pacific 1929-36; Governor and Commander-in-Chief, Trinidad and Tobago, 1936-38. \n\n51 Geoffrey Norman Orme (1879-1966). Educated at Cheltenham College and Hertford College, Oxford, Hong Kong Civil Service 1902. Director of Education 1924-26. Left Hong Kong Service in 1926. \n\n52 The Report on the Land Court, 1900-1905, Sessional Papers, 1905, gives a list of the presidents and members of the Land Court in order of their appointment, most of whom were cadets. H. H. J. Gompertz was appointed in 1900 and resigned in 1904; Cecil Clementi in 1903; and C. M. Messer and J. R. Wood in 1904. The Registrars in order of appointment - all cadets were: J. H. Kemp, E. D. C. Wolfe, and S. B. C. Ross. The Land Court in 1905 consisted of three members: C. M. Messer, Cecil Clementi, and J. R. Wood. The New Territories became popular with cadets as a place to walk or shoot in on week-ends. Robert Oliphant Hutchison (1880-1920), the Superintendent of Imports and Exports, on his way to shoot snipe at Saikung fell off a launch in a squall and drowned. His body was never found. With him at the time was D. W. Tratman, the Colonial Treasurer. One imagines from the evidence that both had \"tiffined\" rather too well. \n\n53 \"At first British officials were limited in principle to two, dealing with police and land. In 1899 a police magistrate was appointed and also an assistant land officer to deal with land cases, and the police were placed \n\nPage 60\n\nPage 61",
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    {
        "id": 207805,
        "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",
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        "document_key": "RAS-1976",
        "page_number": 193,
        "title": "RAS-1976",
        "content_text": "178\n\nA. D. BLUE\n\nBIBLIOGRAPHY\n\nParliamentary Papers — Reports from the British Consuls at the Treaty Ports of China (various dates)\n\nUnpublished Theses for Degree of Master of Arts at London University\n\na) British Interests in Trans-Burma Trade Route to China 1826-76 by MA THAUNG 1956\n\nb) Anglo-Chinese Relations in the Provinces of the West River and the Yangtze River Basin between 1889-1900 by L. R. MARCHANT, 1965\n\nFive Months on the Yangtze T. W. BLAKISTON\n\nThe Royal Navy and the Sino-Japanese Incident M. BRYCE\n\nChina in Turmoil G. H. GOMPERTZ\n\nThe Irrawaddy Flotilla Company M. J. GRUBB and G. L. D. DUCKWORTH\n\nGleanings from Fifty Years in China A. LITTLE\n\nThe Yangtze Gorges A. LITTLE\n\nRiver Road to China\n\nGlimpses of the Yangtze Gorges\n\nTo the Snows of Tibet through China\n\nYangtze Reminiscences\n\nThe Making of Modern Burma D. WOODMAN\n\nSpecial Mission up the Yangtze Kiang R. SWINHOE\n\nM. OSBORNE\n\nC. PLANT\n\nA. E. PRATT\n\nG. R. TORRIBLE",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1976.txt",
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    },
    {
        "id": 208042,
        "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": 81,
        "title": "RAS-1977",
        "content_text": "TWO ESSAYS ON THE CHING ECONOMY OF HSIN-AN\n\n65\n\nimplied a physical division of the land itself. From the scanty evidence on tenant rings, we can conclude that the sale of cultivation-value was probably regulated within the group. In any event, it was unnecessary for the landlord to be informed of the sale.\n\nDescent among perpetual lessor clans was governed by the principle Fen tsu erh pu fen t'ien (分租而不分田: \"divide the rent but not the land.\") Gompertz, in CSO109 Ext., comments:\n\nWhen an inheritance has already been divided among the various branches of the clan the problem is very much simpler but as a matter of fact such partitions have been hitherto very rare and we are now in the dilemma of being obliged either to devise a form of title suited to this collective ownership or to refuse to take cognisance of anything but the ownership of individuals.3\n\nThe Ping Shan Tang genealogy gives this account of the origin of this principle in Tung-Kuan county (at the time of the writing of this passage, Hsin-An had not yet been formed):\n\nWe have been inhabitants of Ping Shan for six generations. From my great grandfather to my father (i.e., three generations) no ancestral property was divided, a fact which greatly benefited the villagers. At the beginning of the Ming Dynasty, an imperial edict forbade the uniting of different families into single households. Thereafter, my younger brother and I began to register separately as inhabitants of Huang T'ien Ch’ang (黄田昌) and Tung-Kuan respectively. The ancestral properties were divided into two portions. As for the properties in remote areas, the grain payments (i.e., the rent) and the land-tax (plus corvee responsibilities) were also shared equally between us.36\n\nOne of the strongest prohibitions contained in clan rules was that against selling land, private or communal, to \"outsiders:\"\n\nIn large clans transactions in land take place, as a rule, between different members of the clan without the property ever being disposed of to outsiders. In such transactions the deed of transfer is invariably worded as if it were a mortgage, and no period of redemption is fixed, the vendor or mortgagor, or his descendants, thus having every opportunity to redeem the property at the original price even several generations after the transaction has been made.37",
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    {
        "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",
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    },
    {
        "id": 213473,
        "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": 69,
        "title": "RAS-1995",
        "content_text": "36\n\nHong Kong Sessional Papers, 1900, pp 26-269 This Report was forwarded to London under cover of Sir Henry A. Blake's despatch to Mr Chamberlain of 19th February 1900 and this Memorandum of Land was subsequently published as Command Paper 403 in November 1900 (vide Committee Report, 1953, Chap III para 39 and Appendix 10 at p 207, where only two extracts appear) Mr Lockhart stated that the Memorandum was prepared with the assistance of Mr. Messer and Mr Ts'oi, Cader and First Clerk respectively\n\nA later, verbose but less informative source is \"Some Notes on Land Tenure in the New Territories\" attached to the Report, dated 4th March 1901, on the Land Court for 1900 by Mr HHJ Gompertz (who in 1909 was elevated to a puisne judgeship), a Member of that Court - Hong Kong Sessional Papers 1901 p 371 at p. 374\n\n17\n\nThe Emperor of China\n\nre the Chinese Government and Imperial Rent\n\nReport, DCNT, 1959-60, para. 171. The District Commissioner's Report for 1947-48 records (at para 29) that it was discovered in that year that one hamlet had never paid Crown rent since the British occupation of the New Territories This was remedied by the grant of a Block Crown Lease\n\n90 8. New Territories Ordinance (Cap 97)\n\n\"Report, DCNT, 1959-60, para 171\n\nTA\n\ne The Chinese Government\n\nby Bruce Shepherd, Deputy Land Officer, dated 17th January 1900, being Appendix VIII to Lockhart's Report, para. 12 (Hong Kong Sessional Papers, 1900, p 277 at p 279)\n\n44\n\nReport dated 18th February 1905 of Mr C. Mcl Messer, member of the Land Court (Hong Kong Sessional Papers, 1905, p. 149)\n\nReport dated 7th March 1905 of Mr JR Wood, Member of the Land Court (Hong Kong Sessional Papers 1905 p. 147)\n\nIbid, and see also Report on the New Territories 1899-1912, para 21(1), (Hong Kong Sessional Papers, 1912, p 46)\n\n7\n\nTregear, op cit, p 62\n\nDA\n\nReport, DCNT, 1959-60, para 177 and Tregear, loc cit\n\n44 Wilson's Notes\n\nalso sometimes termed \"Ching Sheung\" according to Wilson's Notes",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt",
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    },
    {
        "id": 213476,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
        "series_use_hku_proxy": false,
        "document_key": "RAS-1995",
        "page_number": 72,
        "title": "RAS-1995",
        "content_text": "39\n\nCivil Code (see also Committee Report 2953. pp. 193 and 251)\n\nIn the matter of the state of YOUNG SING, YOUNG LING SHI & 2 OTHERS vs YOUNG HONG NING (unreported) the original record was destroyed during the Japanese occupation but a contemporary newspaper report is to be found in the South China Morning Post of the 2nd, 3rd and 4th July 1940.\n\n12. I am indebted to the Secretariat for Chinese Affairs for giving me permission to peruse their files on the subject (particularly SCA3/251/51 and SCA2/351/54).\n\nPR File SCA2/351/54\n\nWilson's Notes\n\nWilson's Notes, 61; Van der Valk, op. cit. p. 76 where this custom is described under the title of \"T'ung-yang-hsi\".\n\nMorris, Hong Kong and Malaya, E.T.M.S.O. 1937, p. 14, for the custom generally see Burkhardt, op. cit., Vol. 1, p. 173.\n\nHvide Committee Report Appendix IV, p. 120 and Chap. I, para. 13 but in Ping Shan Land Case No. 24 of 1954, JANG LAP TEUNG vs TO SHU KAN (unreported) the Assistant Land Officer (Mr. B.D. Wilson), in the absence of proof that perpetual leases could be made under Chinese custom relied upon the English Rule against Perpetuities. (This case was the subject of Civil Appeal No. 24 of 1954 TO SHU KAN vs. JANG LI YAU TSO (unreported) but Reynolds, J. held that he had no jurisdiction to hear and determine the appeal).\n\n19 (1949) HKLR 58.\n\n1 Wilson's Notes; Gompertz, op. cit. para. 16 and compare Jamieson, Chinese Family and Commercial Law, Shanghai 1921, pp. 30-31.\n\nTM Committee Report, 1953, Chap. V, para. 400 at p. 54.\n\n* Now Cap. 30, and see Committee Report, 1953, Chap. II, para. 17 at p. 9.\n\nDe Wilson's Notes.\n\nCommittee Report, 1953, Appendix IV, p. 120 and Chap. II, para. 13, after Williams, Ag. C.J. in Civil Appeal No. 16 of 1947, CHEUNG SAU TIM vs CHEUNG YUI LAM, (1948) 32 HKLR 1, at p. 6.\n\nThis statement is from Wilson's Notes.\n\nT'ung-yang-hsi = a wife married when both parties were previously unmarried.",
        "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt",
        "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g",
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