[ { "id": 204259, "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-1961", "page_number": 27, "title": "RAS-1961", "content_text": "Vol. 1 (1961)\n\nISSN 1991-7295\n\nJournal of the Royal Asiatic Society Hong Kong Branch\n\nORASHKB and author\n\n24\n\nThe Great Tit, the same bird that is found in Europe although with much less yellow coloration, is a common resident throughout Hong Kong.\n\nThe Upland Pipit is the only resident member of this family, and it may be found only near the tops of some of our highest mountains, singing a very plaintive song. But Richard's Pipit is represented by one race which spends the summer here, nesting quite widely, and a race which is a common migrant and winter visitor. Both the Indian Tree-pipit and the Red-throated Pipit are often seen in the colder months, although the latter is usually confined to the lower, more marshy areas.\n\nThe Forest Wagtail is a relatively rare, but attractive passage migrant to wooded parts. Its plumage makes it look as though it had a football jersey on. 'Pied' Wagtails are very common in winter, and in fact have a large roost near the Law Courts in Victoria. The Grey Wagtail is also common in winter, but the three kinds of Yellow Wagtail are rarely seen except in the Deep Bay marshes and then only as migrants and during the winter months.\n\nA lovely bird discovered breeding in the Colony for the first time only in 1959 is the Fork-tailed Sunbird. It may be seen in Tai Po Kau and with luck in the University grounds all the year round, an iridescent sheen of green on its upper parts glistening when the sun catches it. Its close but far more common relative, the White-eye, may be found everywhere, often causing confusion of identity when seen in silhouette or brief glimpse. The Scarlet-backed Flowerpecker, perfectly described by its name, is resident, but very local, being found regularly only in the north-eastern New Territories.\n\nA winter visitor to many woods in the Colony is the Lesser Black-tailed Hawfinch, with its large, bright yellow bill, black head and prominent white markings in flight. The Chinese Greenfinch, a dully grey-green bird at rest, has a lovely gold wing-bar which shows up well in flight. It is a fairly common resident in many areas.\n\nThe buntings are a very difficult tribe to study in Hong Kong, for those that are found here are exceptionally shy. Only the Crested Bunting, with its smart plumage of black and chestnut, nests on the hillsides in the New Territories, but the Masked and Grey-headed Buntings are quite common in winter, and the Little Bunting a little less so. The Yellow-breasted Bunting, the 'rice-bird' of gourmets, is an abundant autumn visitor to the Deep Bay marshes and occasionally is seen also in spring.\n\nThe common sparrow of Hong Kong is the Tree-sparrow. It has all the habits of the Cockney Sparrer, unlike the Tree-sparrow found in England although it is the same species. The Spotted", "txt_file_path": "txt/dfo323lmgvd/RAS-1961.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/vd6724704", "rank": 0 }, { "id": 205976, "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": 56, "title": "RAS-1970", "content_text": "HONG KONG CADETS, 1862 - 1941\n\nNOTES\n\n51\n\n1 Since the end of war with Japan in 1945 both Hong Kong and its Government Service have experienced major changes of circumstance and outlook. Whilst the cadet or administrative grade continues in being there are now (April 1970) administrative officers in a total permanent Civil Service establishment of there are Chinese officers, the first of whom was appointed in 1948.\n\n2 The title was later changed to \"Cadet on Probation\". In 1862 cadets received a salary of £200 per annum on arrival in the Colony and at the end of two years' study or as soon afterwards as they were declared qualified by a Board of Examiners £400 per annum. In 1924 the salary was still only £350 on arrival and £400 after passing the final examination; in 1936 the amounts were £450 and £525 respectively. Information on the Cadet Service is to be found in the various General Orders of the Hong Kong Government.\n\n3 The following books have information on the origin of the scheme: E. J. Eitel Europe in China, Hong Kong, 1895, p. 365; G. B. Sayer Hong Kong: Birth, Adolescence, and Coming of Age, London, 1937, p. 194; J. W. Norton-Kyshe The History of the Laws and Courts of Hong Kong, Hong Kong, 1898, vol. 2, pp. 8-11; and Sir Charles Collins Public Administration in Hong Kong, London, 1952, pp. 126-127.\n\n4 Aucuparius: Recollections of a Recruiting Officer, London, 1962, p. 164. Major Sir Ralph Furse was Director of Recruitment, Colonial Service, 1931-48; and Adviser to the Secretary of State for Colonies on Training Courses for the Colonial Service, 1948-50.\n\n5 For a sketch of Caldwell's career see G. B. Endacott A Biographical Sketch-book of Early Hong Kong, Singapore, 1962, pp. 95-99. Daniel Richard Caldwell was of mixed blood, born at Singapore, and married to a Chinese. He was a brilliant linguist and occupied, at one time or another, various senior posts in the Hong Kong Government. His proved association with Ma Chow Wong, a frequenter of pirates, ruined Caldwell's career. Caldwell was found unfit by a Commission of Inquiry to continue in the public service. He died in 1875.\n\n6 E. J. Eitel \"Chinese Studies and Official Interpretation in the Colony of Hong Kong”, China Review, vol. 16, 1877-8, p. 5.\n\n7 Norton-Kyshe, op. cit., vol. I, p. 579.\n\n8 January 28, 1867,\n\n9 See note 6.\n\n10 Norton-Kyshe, op. cit., vol. 2, pp. 8-9.\n\n11 Ibid., p. 10. The revised regulations for Hong Kong Cadetships, published in the Government Gazette, 7 September 1872, gives the heads of examination as follows: \"(A) Obligatory — 1st. Exercises designed to test Handwriting and Orthography; 2nd. Arithmetic, including Vulgar and Decimal Fractions; 3rd. Latin, and one of the following languages: Greek, French, German, Italian; 4th. English Composition, including Précis writing; (B) Optional 5th. Pure and Mixed Mathematics; 6th. Ancient and Modern History, and Geography; 7th. Elements of Constitutional and International Law, and Political Economy; 8th. Geology, Civil Engineering and Surveying\". Every candidate was expected to show a competent knowledge of the first four subjects, but could select any two of the optional subjects.\n\n7", "txt_file_path": "txt/dfo323lmgvd/RAS-1970.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/ww72j0241", "rank": 0 }, { "id": 206235, "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": 52, "title": "RAS-1971", "content_text": "46\n\nCHIU LING-YEONG\n\nher loose morality and evil habits, both social and political. A good government depended much on her stability and righteousness. This was the backbone of a nation's foundation of strength. Unfortunately, in the eyes of the Europeans who resided in China she was not a stable and righteous country.\n\nHo Kai cited an example to support his argument:\n\nWhat makes the several Foreign Powers insist upon the violation of the Sovereign rights of China to bring every foreign resident within her territory, except the various Ambassadors, and their suits, under their law, and to try such offenders in their own courts and mete out punishment in their own way? The Marquis Tseng would say that it is because China had not a formidable army and navy; but I would rather suggest that it was owing to the distrust with which Europeans universally regard the Chinese system of law and especially its administration. They hate the very idea of extorting evidence from prisoners and witnesses by infliction of corporal pain; they detest bribery and unfair dealings; they abhor the filthy prisons in which the condemned or even remanded are kept; they shudder at the sound of ling-chi and almost faint at the various tortures usually resorted to in a Chinese Court. Does anyone think that any Foreign, especially European Government will be insane and submissive enough to place their subjects at the mercy of China's Mandarins where such things exist? Never, were China twenty times as strong as she is or stronger. If China wishes to have diplomatic relations with other countries upon an equal footing, and desires foreign powers to respect her sovereignty and rights, she must do a great deal more than simply get strong.\n\nIn addition to the above criticism, Ho Kai questioned where China was to find funds to pay for increased armaments, to work her mines, to run the railways and to establish and maintain her factories. Ho Kai thought that China's credit was good on the foreign market, but that there was a limit and that limit would soon be reached. When the revenue derivable from the Imperial Customs became fully pledged, foreigners would not so", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206277, "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": 94, "title": "RAS-1971", "content_text": "88\n\nCARL T. SMITH\n\none of the leading brokers and charterers of emigrant ships. In front of his lots he erected a wharf which he leased to the Hong Kong, Canton and Macao Steamboat Company after its organization in 1865. In 1860, he appeared in the Courts on the charge of piracy. In response to a request of the Mandarin of his home district in Hoi Ping for assistance in suppressing some Hakka bandits, Achoy had chartered the vessel Jamsetjee Jeejeebhoy from Kwok Acheong, the P. and O. Company's compradore. Engaging some Europeans in the Colony he took them up to Hoi Ping where they attacked some Hakka villages. Achoy pleaded that he had not realized that this would be against British law and therefore threw himself upon the mercy of the court.19 He again assisted his home district in 1865 by supplying the local militia with western-made armaments. This earned him official recognition and a biographical notice in the Hoi Ping Gazetteer. In later years his constitution was affected by habitual opium smoking and he did not participate actively in public affairs. He died in 1871, leaving a large fortune.20 In 1857, the editor of The Friend of China described him as being \"no doubt the most creditable Chinese in the Colony\".\n\nTang Aluk, another contractor, though not as much of a community leader as Tam Achoy, was a generous benefactor of worthy projects. He was the largest contributor to the Chinese school book fund of 1859, contributing sixty dollars; Tam Achoy contributed fifty dollars and Kwok Acheong, the P. and O. compradore contributed twenty dollars; all other contributions ranged from ten dollars to fifty cents. The fact that Tang Aluk's name was that of \"Number Six\" indicates he was of humble origin. He began as a stone cutter. Most of them were Hakka, and it is probable that Aluk was of this group. In time he built up a successful contracting business. At his death in 1887 he left a large estate, much of which was in landed property. The administration of his estate involved many lawsuits among his heirs. A newspaper commentator observed that the estate was a gold mine for the legal profession as suits and appeals dragged through the courts for several decades after his death.2\n\nTHE MERCHANTS GROUP\n\n21\n\nHong Kong had difficulty in attracting merchants with capital. We have mentioned the abortive efforts of Chinam and several", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206420, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1971", "page_number": 237, "title": "RAS-1971", "content_text": "BOOK REVIEWS\n\n211\n\nenamelled and monochrome wares of the same period. In commenting on the rise and fall of artistic merit in porcelain production during the 15th Century, Mr. Brankston aptly observes that \"In Yung-lo the lotus has budded; in Hsuan-te the flower has opened in all its freshness but, by Ch'eng-hua, the leaves begin to tremble in the breeze\" — a quotation which is affectionately remembered by students and writers on the subject. The chapters on the kiln sites of Fou-liang and on the methods of porcelain production provide material not usually given in books of this nature and the photographs and woodcuts of the potters at work are of particular interest. Diagrams illustrating the shapes and sizes of typical forms and also the sectional drawings of foot rims make a most valuable contribution to the work.\n\nThe aspiring connoisseur would do well to heed the advice given with regard to acquiring good eyes for judging ceramics when the author suggests that he drink tea each day from cups of different periods. If, after two weeks, no particular piece has asserted itself, he may be assured that the interest in porcelain was formed only in order to create a diversion and to occupy time and space, so a change over to stamps or coins would be recommended.\n\nOf slight build and quietly spoken, Brankston was possessed with unusual gifts of mind and eye in relation to Chinese porcelain and he writes about his favourite pieces in a most charming and sensitive manner. The dedication \"To the Lotus, who knows why\" provides an aperitif to the subtleties and delicate appreciation of the subject in store for the reader.\n\nHong Kong, 1971\n\nF. WARRINGTON-STRONG\n\nCHINESE FAMILY AND COMMERCIAL LAW, G. Jamieson, M.A., C.M.G., Shanghai: Kelly and Walsh Ltd, 1921. Now reprinted in Hong Kong: Vetch and Lee Ltd, 1970.\n\nWhen George Jamieson wrote the preface to his work, Chinese Family and Commercial Law, he considered it a \"pioneer treatise on the Civil Law\" as it then prevailed and regarded it as a work which would assist the \"future pleaders and judges in the Courts", "txt_file_path": "txt/dfo323lmgvd/RAS-1971.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/z029vt43g", "rank": 0 }, { "id": 206537, "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": 85, "title": "RAS-1972", "content_text": "SIR JAMES HALDANE STEWART LOCKHART\n\n79\n\nrelationships between ruler and ruled, proper behaviour according to status. Lockhart was a scholar-administrator in the Confucian sense.\n\nThe profession of Colonial Civil Servant is coming to an end with the dissolution of the British empire. Lockhart, then, is a representative of a stage in the evolution of English society — the stage of imperial expansion that is now over and can never return. In contemporary Hong Kong the European official is not likely to be a Chinese scholar, for the system of language training that produced a Lockhart has been radically curtailed?. Yet if an official is of a scholarly turn of mind, he is now more likely to be found reading history, politics or economics. The scholar-administrator of Lockhart's type is not to be found. He has become a specialist or bureaucrat. There is no doubt that Lockhart would have been saddened by this consummation.\n\nNOTES\n\n1 Sir William des Voeux, My Colonial Service..... London, 1903, vol. 2, p. 211.\n\n2 George Watson's College was founded by George Watson, first accountant of the Bank of Scotland, who died in 1723. It became a day school in 1878. The Senior School has now about 890 boys.\n\n3 Sir Everard Duncan Home Fraser, K.C.M.G. (1859-1922). Educated at Aberdeen University. Passing a competitive examination, he was appointed a student interpreter in China in 1880, being promoted Acting Consul at Foochow in 1886. At the time of his death, Fraser was Senior Consul in Shanghai and, therefore, chairman of the Consular Body.\n\n4 In Britain the first chair of Chinese was created in 1838 at University College London. In 1846 Samuel Fearon, the Registrar General of Hong Kong, was appointed Professor of Chinese Language and Literature in King's College, London. The next incumbent of the chair at King's appears to have been James Summers, who was twenty-four at the time of his appointment in 1852. Summers had been for a few years a tutor at St. Paul's College, Hong Kong; but Hong Kong society was highly critical of the elevation to a chair of a mere stripling (see J. W. Norton-Kyshe, History of the Law and Courts of Hong Kong, Hong Kong, 1898, vol. i, p. 348). Summers resigned at the end of the 1872/73 session and apparently departed for China and Japan. He was succeeded by Robert Kennaway Douglas (1838-1913), who was also Senior Assistant in the Department of Printed Books in the British Museum. It was presumably Douglas who first introduced Lockhart to Chinese. (On Douglas see the short obituary in T'oung Pao, vol. xiv, 1913). For a long time the sole chair of Chinese in Britain was that at King's College until a chair was created in 1876 for Dr. James Legge at Corpus Christi College, Oxford. Professor Douglas had few full-time students, only a Frenchman and a Pole; Legge had only one student and Sir Thomas Wade at Cambridge 'n'avait qu'un auditeur: il est vrai qu'il était Chinois'. (See Henri Cordier, 'Les Études Chinoises', T'oung Pao, 1898, p. 48).", "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": 207844, "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": 232, "title": "RAS-1976", "content_text": "SOCIAL RESEARCH IN THE N.T. OF HONG KONG, 1963\n\n217\n\nof the Village Representatives in their communities, and, taken together with other available information, would furnish a basis for assessing the kind of men who have come forward as leaders.\n\n44. But leadership cannot be studied simply by enumerating characteristics. The Village Representative operates within economic, legal, religious, political, and 'social' fields all of which need to be examined; and he is enmeshed in complex relationships with people both inside and outside his community. These are matters for detailed field studies and they can most conveniently be examined in the course of investigations concerned very broadly with the life of particular communities. And it is to be hoped that a large enough variety of communities will be studied for all major variations in leadership patterns to emerge.\n\n45. In the old days, as we have seen, there was much scope for the exercise of leadership in intervillage relations; the central government being remote, the responsibility for local affairs fell on gentry and elders. The field for the deployment of local governmental talents has now contracted, but it becomes all the more important to discover just what it is that extra-village politics entails. In the study of this theme the Rural Committees (and perhaps ultimately the Heung Yee Kuk) must take first place, but these are not the only wide associations to be looked into. Chambers of commerce, the associations for particular businesses, co-operative societies, sports clubs, and so on, are bodies within which certain men take the initiative, rally support, and—since we are dealing with a society in the full flood of change—direct group activities along new paths.\n\n46. I have touched on the role of the Village Representative in settling disputes. To understand the present legal situation in the New Territories it would be desirable to begin with an analysis of the relevant work of the District Officers and Rural Committees, and I suggest that it might be of interest to the District Officers to undertake a survey of the cases that have come before them in recent years, classifying them by their nature and describing the typical courses they have taken. This work could then be brought into relation with material on the cases heard in the various law courts to which New Territories people have recourse. Again, such field studies of communities as may be made by anthropologists would show how differences are settled at the local level or passed to outsiders for mediation or judgment. If a field study were made", "txt_file_path": "txt/dfo323lmgvd/RAS-1976.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/hq382988q", "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": 208424, "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": 148, "title": "RAS-1978", "content_text": "C. MARTIN WILBUR\n\ncriminal, is in their hands since they are responsible in no small measure to those above them for the behavior of all the members of the sib. It is their duty constantly to keep the mores of the clan foremost in the minds of every individual. When breaches of conduct involving the mores of the clan occur the offender will be speedily called to account and social pressure will be brought to bear to compel him to make amends. While force may be used, a more powerful means of pressure, and one more in line with familist procedure generally, is that involved in \"face\". The psychology of \"face\" is extremely interesting. It is one of the strongest agents in Chinese life for preserving the accepted standards of behavior. Every individual from the most important to the meanest is constantly alert to the necessity of protecting his name from ridicule. Few are willing to \"lose face\" with the members of the kin group by flouting one of the clan mores. If the misdemeanant can be subjected to enough public ridicule he is quite likely to be brought to terms, and this sort of pressure is more effective as a deterrent than the threat of corporal punishment.\n\nIn case of a quarrel between two members of the sib the leaders act both as judge and jury to settle the matter. If possible the affair is kept in the hands of the clan, for to go into the courts is an expensive and dangerous matter for all concerned. The chief object of the \"trial\" is to find, if possible, a middle ground on which the parties to the quarrel may meet. The feeling for compromise is very deeply a part of the social consciousness of the Chinese. In case the dispute can be peacefully settled the affair may be culminated by a feast for the whole clan.\n\nCrimes against individuals or against society are likely to be considered the concern of the whole clan and therefore especially of the leaders. During the course of clan experience certain definite forms of penalty or punishment have been worked out by the leaders to fit the more common misdemeanors. The people understand and accept these penalties as part of the mores of the clan. Custom is in many ways superior to law as a check against crime, for law is both abstract and remote from the consciousness of rural folk, while its intricacies make it vague. Custom, on the other hand, is concrete, close and simple, and has the advantage of being constantly reinforced by the people themselves.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "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": 208433, "series_id": 26, "series_slug": "histsyn-rashkb-journal-engine", "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊", "series_use_hku_proxy": false, "document_key": "RAS-1978", "page_number": 157, "title": "RAS-1978", "content_text": "VILLAGE GOVERNMENT IN CHINA, 1933\n\n141\n\ncourts--which belief forms the chief emotional argument for extra-territoriality--it seems fair to say that on the whole they have been cruel, unjust and ruinously expensive. It is no wonder, then, that villagers prefer the humane and usually just village courts when they come into trouble, and will usually abide by the decision of the elders rather than risk their fortunes in the government courts.\n\nVillage court may be held in the village temple or wherever the elders happen to gather. In case of a dispute between two parties the elders will try to effect a compromise. When a petty crime occurs, if it cannot be settled in the kin group, then the elders will undertake to hear all evidence and pass a sentence involving well understood customary punishment. Over major crimes, or anything too flagrant to be kept hidden, they have no authority and must cooperate with the government by handing over the culprit and supplying all necessary evidence.\n\nV\n\nIn discussing the Ti-pao1 the student is on a firmer ground than in any other part of this study so far as exactness and quantity of information is concerned. The office is specifically discussed in the Ta Ch'ing Hui Tien2 and in the Ta Ch'ing Lu Li3. According to Meadows these officers are found in all parts of China, the title frequently appearing in the Peking Gazette in connection with cases reported from all the different provinces. Finally, most foreign observers who have anything to say about village government in China speak of the Ti-pao.\n\n1 There are many terms which may be considered with varying degrees of certainty as synonymous with Ti-pao. Giles; op. cit., p. 1360, gives as synonymous Ti-fang and Ti-yo. Jamieson, George; Chinese Family and Commercial Law, p. 68, 71, gives Pao-chang, Chia-chang and Hsiang-chang as synonymous with each other and with Ti-pao. Tuo; op. cit., p. 62, speaks of the Po (Pao?) chia as popularly called Ti-pao. Other sources supply less reliable but possibly correct synonyms such as Li-chêng and Li-chang. It is necessary to indicate this variety of terminology because in this paper Ti-pao only will be used. Quotations accordingly might seem to be meaningless. (In some cases the characters given above are the author's addition.)\n\n2 Chuan 134, sec. on Ti as reported by Jamieson; op. cit., p. 68.\n\n3 Division relating to board of revenue (Hu Pu), section 83 ff., as translated by Jamieson, ibid., 63 ff.\n\n4 Meadows, Thomas T.; Desultory Notes on the Government and People of China, p. 121.", "txt_file_path": "txt/dfo323lmgvd/RAS-1978.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/8g84t8593", "rank": 0 }, { "id": 208438, "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": 162, "title": "RAS-1978", "content_text": "146\n\nC. MARTIN WILBUR\n\nto such matters as the dates for village fairs, the mutual protection of crops, and the like.\n\nThe elders of the village are largely responsible for inter-village relations. One of their primary duties is to uphold the \"face\" of the village in its district. Many village improvements find their origin almost entirely in this desire to outshine neighboring villages in material ways. Temples which cannot be afforded and markets which are not needed are often constructed in a spirit of rivalry. Likewise \"face\" affords an impetus to scholarship, every village being extremely proud of its learned men, and their achievements. Indeed, in Phenix village the progress of the students of the village, even when they are away in middle school or college, is the solicitous concern of the whole group.1\n\nWhenever a member or group in a village becomes involved with another village or members of it, the matter is thought to be the concern of the village elders. Every contact is a potential conflict, and the responsibility for such disturbances will fall upon the heads of the leaders. For this reason, quarrels, law suits or sales of property which involve outsiders come under the supervision of the elders of both groups. This system has the advantage of decreasing the number of situations which would of necessity go to the magistral courts, lacking any other machinery for settlement.\n\nThe village elders are in some degree responsible for the behavior of members of their village even when these folk are in town, or in a neighboring village. If trouble arises during such an occasion, the offending member may be punished by the village court, while redress will be made through the agency of the respective village temples. In the same way, strangers in a village, if they happen to be ill-treated by the natives, may go to the temple and demand satisfaction. Thus it will be seen that in a wider range of relationships than the village itself, but still through the familistic, customary and traditional methods, government entirely divorced from the central system is maintained.\n\nII\n\nThe relations between the village and the central government are normally very slight. The two primary interests of the government\n\n1 Kulp, Daniel H.; Phenix Village, p. 125.", "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": 209207, "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-1981", "page_number": 110, "title": "RAS-1981", "content_text": "96\n\nThere is no slavery carried on.\"\n\nCARL T SMITH\n\nIn commenting on the questions raised in Parliament the editor of the South China Morning Post said there could not be much harm in the traditional Chinese custom when throughout the eighty years of the Colony's history no steps had been taken to abolish it. The children in domestic service had the full protection of the law and there was no evidence that they were frequently ill-treated. What few cases are brought before the courts are sharply dealt with. He did admit that some reform might be needed, \"to guarantee the child's rights and those of its parents\", but any changes should only be introduced gradually and with the co-operation of the leading Chinese, \"whose services have never been withheld in any case having for its aim the uplifting and enlightenment of the people\".3\n\nReaction in Hong Kong -- Mass Meeting at Tai Ping Theatre – July 1921\n\nThe Chinese elite \"establishment\" in Hong Kong was disturbed by the discussion in Britain of one of their long established customs. They and the Hong Kong Government were also annoyed by a letter published in the correspondence column of all four English newspapers written by Mrs. Haselwood, the wife of a Commander in the Naval Dockyard. Her husband was officially warned that unless he stopped his wife from airing the question, he would be superseded and sent home. He refused to submit and was shortly sent home where he retired on half-pay. The Haselwoods, however, continued their campaign in Britain. When the Hong Kong Government was asked to explain Commander Haselwood's early termination of service in Hong Kong, it replied that the activities of his wife were \"causing annoyance to the Chinese community\".\n\nThe leadership of the Chinese community was sufficiently aroused by the statements being made in the English press concerning the practice that it called a mass meeting to be held at the Tai Ping Theatre in July, 1921. The meeting was convened by the two Chinese representatives on the Legislative Council, the Hon. Ho Fook, brother of Sir Robert Ho Tung and one-time compradore of Jardine, Matheson and Co., and the Hon. Mr. Lau Chu-pak, compradore of Messrs. A. S. Watson and Co. Also particularly mentioned were S. W. Tso, a solicitor, Chow Shou-son, a Hong Kong-born former official of the Chinese Government who had extensive business interests in Hong Kong, and Chau Siu-ki, shipping and insurance magnate.\n\nThe theatre was crowded with about three hundred including a", "txt_file_path": "txt/dfo323lmgvd/RAS-1981.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/ff36bt18m", "rank": 0 }, { "id": 209465, "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": 122, "title": "RAS-1982", "content_text": "100 \n\nW. ALLYN RICKETT \n\nat the operations level consisted almost entirely of hastily trained students or political cadres, amateur in approach and guerrilla in methods of work. Thus, while the Chinese Communists may have had some intellectual appreciation of the need for formal laws and institutions, the slightest excuse in the name of survival was sufficient for a reversion to revolutionary expediency.3 Moreover, Mao Zedong himself, with his hatred for bureaucratization and emphasis on the mass line, was never willing to consider law any more than a mere tool of the revolution, to be used or rejected as changes in the political scene dictated.\n\nThe basic guidelines for the new China were set out in a series of Mao's speeches and writings involving his concept of \"New Democracy,\" culminating in his essay \"On the People's Democratic Dictatorship\" released on June 30, 1949 just before the founding of the new People's Republic. In this latter document in particular, Mao does not mince words; good people belonging to the four classes of the New Democracy (workers, peasants, petty bourgeoisie and national bourgeoisie) would be entitled to democratic rights, people belonging to the enemy classes (landlords and bureaucratic capitalists) would be subjected to repression and dictatorship.\n\nWhen Communist forces took over the country in 1948-49, local areas first came under military control commissions. In the cities these brought together \"conferences of all circles\" which formed people's governments beginning at the local level and then expanding upwards. In the countryside peasant associations formed the basic units which were to conduct land reform and form the bases for local governments. As local people's governments developed, powers were increasingly turned over to them by the military control commissions. However, the military control commissions retained power in all cases affecting security through their public security forces. The military control commissions also continued to maintain military tribunals in some areas for trying counter-revolutionary cases as late as 1954. People's Courts were formed immediately following 1949, largely in accordance with the demands of the situation and types of personnel available. In Shanghai, for example, a new People's Court was constituted by giving some 200 former judicial personnel and", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209466, "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": 123, "title": "RAS-1982", "content_text": "101\n\nlawyers two months training in \"New Democracy\" and placing them under Communist cadres.\n\nWhen the People's Political Consultative Conference, organized by the victorious Chinese Communist Party, issued its \"Common Programme\" formally establishing the People's Republic in September 1949, it also adopted an Organic Law of the Central People's Government, Article 5 of this document provided for a Supreme People's Court and Supreme People's Procuratorate, but no action was taken on the establishment of a system of lower courts until September 1951. In fact, during this period, civil and criminal courts left over from the Kuomintang period continued to function alongside military, revolutionary, and people's tribunals. Article 17 of the Common Programme had done away with the six codes of the Kuomintang, but new laws were published in rapid order, some 3,452 of them by September of 1954, including major laws dealing with land reform, marriage, the punishment of counter-revolutionaries and corruption. However, no systematic codes were issued and there were many gaps in areas which lawmakers in most societies would consider of prime importance, including such crimes as homicide. When appropriate laws and regulations were lacking, judges were supposed to use the general policies of Mao's \"New Democracy.\" Such ambiguity naturally led to great inconsistency in judgments, and judges were forced to make wide use of analogy even to the point of secretly basing their decisions on Kuomintang legal precedent.\n\nIn the autumn of 1952 a National Judicial Conference was called to launch a reform of the courts. By the time the movement came to an end in April 1953, many former Kuomintang officials had been removed from the judicial system, but the problem of judicial decision making continued to persist. A Chinese Political Science and Law Association was established in the spring of 1953 which in May of the following year began publishing its national legal journal, Zhengfa yanjiu [Researches in Political Science and Law]. At the same time, a special legal publishing house was established and began producing annual collections of laws. Several law schools or institutes for training judicial cadres were also opened. Finally a second National\n\n--", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "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": 209468, "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": 125, "title": "RAS-1982", "content_text": "103\n\nby law,\" and \"the accused shall have the right to defense.” This latter provision formed the basis for the establishment of legal advisory offices attached to courts and staffed by people's lawyers, who in addition to performing all sorts of advisory and mediative work, were also empowered to defend both civil and criminal defendants, including counter-revolutionaries, in court.\n\nWhat followed during the next three years until the late spring of 1957 seemed very promising at the time. Work was begun on a series of codes, legal education was greatly expanded, law journals began to appear which by late 1955 were discussing a wide range of topics with increasing frankness. For example, in 1955, the majority of the articles published in the most important of these journals, Zhengfa yanjiu, were of a simple informative or propaganda nature. The remainder were divided between articles on Soviet law, which were important in providing acceptable precedents supporting reform, and articles dealing with practical problems such as how to prepare documents, the meaning of legal terms, investigative procedures, and questions involving the marriage law and inheritance. While none of these articles were particularly controversial in nature, they did indicate a move toward professionalism. By 1956 and through the first half of 1957, however, many articles began dealing with such highly sensitive issues as what constitutes evidence, particularly the place of confessions, the proper attitude of the court toward the defendant (one writer even called for presumption of innocence), the use of analogy, the need for Party and state organizations and functionaries to obey the law, and various problems of procedure.\n\nIn spite of the increasing demand for professionalism in judicial work and liberalization of the legal system, none of these articles faced up to the basic problem of Party control over the courts. This had to await the revitalized \"Hundred Flowers Movement\" in the late spring of 1957. Following Mao's February speech, \"On the Correct Handling of Contradictions Among the People,\" the Party Central Committee urged non-Communists to voice their criticisms of Party work in order to assist the Committee in eradicating the three evils of bureaucratism, subjectivism, and sectarianism. In late May the Chinese Political Science and Law Association organized a series of forums for the stated purpose of giving the judicial circles in Beijing an opportunity", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209469, "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": 126, "title": "RAS-1982", "content_text": "104\n\nW. ALLYN RICKETT\n\nof presenting their opinions to the Party. The opportunity was too much for judicial workers to pass up, and the speeches which followed were often extremely vitriolic. Almost every aspect of existing judicial practice came under attack, particularly the role played by the Party. The editor of the Association's journal, Zhengfa yanjiu, demanded that high Communist cadres “get down out of their sedan chairs\". Some of the more important demands presented, as reported by the New China News Agency on May 29, 1957, included: 1) reform of law schools and the broadening of legal education to include such subjects as international law, which had been neglected under the Communists; 2) relaxation of the dictatorship and stress on the protection of democratic privileges; 3) immediate codification of the laws which were said in many fields to be entirely lacking or so vague they could not be used as a basis for sound legal judgments; 4) elimination of mass movements which usurped the function of the courts; 5) assertion of judicial independence and elimination of Party interference in judicial matters. What was even more surprising was that among the strongest critics were members of the Party, including Jia Qian, chief judge of one of the two criminal divisions of the Supreme Court. In spite of the highly emotional language used in expressing these demands, there was little questioning of the basic leadership role of the Party in society at large. Yet, when the counterattack came in the context of the well-known Anti-Rightist Movement two weeks later, it soon became clear that the Party was going to interpret these demands in that light. Extensive purges followed. Many leading judicial figures were declared “rightists” and relieved of their posts and some were sent to the countryside for reform through labour.\n\nThe attack on the \"rightists\" continued throughout the rest of the year and on into the spring of 1958. The arguments that filled the law journals during these months indicated a complete reversal of the former trend toward an independent judicial system and its attendant professionalism. The anti-rightist arguments of this period are well represented in a January 19, 1958 radio speech of Wu Defeng, Vice-President of the Chinese Political Science and Law Association. Wu presented a series of statements which he claimed represented the views of the \"rightists\" along with his replies:", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209471, "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": 128, "title": "RAS-1982", "content_text": "106\n\nW. ALLYN RICKETT\n\n6) The Rightists maintain that the Constitution provides for judicial independence.\n\nAnswer: This simply means that their work is not to be subjected to illegal interference on the part of other government organizations, people's bodies, or individuals. However, the courts are created by the country's organ of state power and ought to be responsible to it. Since the Party is the heart of the leadership of the state and the people's courts are only one of its organizations, naturally the courts cannot be independent of the Party.\n\n7) The Rightists say the courts are to administer law, not policy,\n\nAnswer: This is wrong because political policy is the soul of law, and law is but the formulation of policy into articles. The two are inseparable. Thus in some cases, in order to seek a correct judgment which fits the needs of the struggle of the moment, the courts should consult the Party committees because they have a better grasp of the political situation and current policy.\n\nI have gone to some length in citing Wu Defeng because his arguments present the position of China's ideological leadership throughout most of the history of the People's Republic, and, in spite of the changes that have taken place since the fall of the Gang of Four in late 1976, such arguments are by no means dead. Should China be faced with a real crisis or the present leadership be seriously threatened, these arguments could well be heard again.\n\nThe Anti-Rightist Movement proved to be a disaster for China's budding judicial profession and its concern for civil rights. Legal publications dried up, and although Zhengfa yanjiu continued to be published for a while longer, its contents were limited to articles of a general propaganda nature. Judicial personnel who had been going abroad in great numbers were required to stay home, and less and less was heard of people's lawyers. The blow dealt to Chinese intellectuals and professionalism in general was of course not limited to the legal profession. Throughout the entire society there was a general", "txt_file_path": "txt/dfo323lmgvd/RAS-1982.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/mk61z420p", "rank": 0 }, { "id": 209472, "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": 129, "title": "RAS-1982", "content_text": "return to what might be called the amateur ideal. One was supposed to be both \"red\" and \"expert,” but the emphasis was on being \"red.\" Local Party secretaries were given extensive powers to intervene in almost every phase of production and administration, not to mention the judicial process. The extent of this intervention tended to vary in degree of intensity during the following years, and for a while before the Great Proletarian Cultural Revolution a certain degree of professionalism returned to the managerial and scientific research fields, but not to the law.\n\nPerhaps the most significant aspect of the Anti-Rightist Movement was not so much the immediate suffering of many intellectuals and the suppression of professionalism in various fields but was rather the greatly increased emphasis on class struggle. Class struggle is an essential ingredient of Marxism, and Mao's first important work as a Marxist was an analysis of the various classes in Chinese society. It was this analysis that brought him to an understanding of the Chinese peasant's potential for revolution. During the early years of the People's Republic the major class enemies were landlords and bureaucratic capitalists who were a relatively small and fairly well-defined group. After the Anti-Rightist Movement the major class enemy became the so-called bourgeois rightists, a label which could be applied to anyone, but which was in fact especially applied to intellectuals suspected of disagreeing with the current policies of the Party leadership. The expanded use of this label paved the way for the bloody violence and repression of the Cultural Revolution. Bourgeois rightists were no longer considered to be merely backward elements in the society but were vilified as counter-revolutionaries and enemies of the people, a sub-human category, beyond redemption, which deserved to be destroyed in any way possible and without mercy. The humanistic idealism which had been such a part of the revolution in its earlier stages, and indeed, led many people at first to support the Cultural Revolution itself, gave way to fanaticism and factional violence.\n\nDuring the Cultural Revolution the police, procuratorate, and courts became early centres of attack by Mao's Red Guards. Although the police and courts continued to function in most places throughout the Cultural Revolution, their top personnel", "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": 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": 209806, "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-1983", "page_number": 65, "title": "RAS-1983", "content_text": "43\n\ntime at Tai Po (1949-51), a separate District Officer (now Sir Donald Luddington) had undertaken the Court duties. My Court duties in Yuen Long provided yet another insight into local custom. For instance, if it were not for the several cases that arose in the Small Debts Court, I might never have understood the workings of money loan associations. The frequent Land Courts (often two a day in 1955) provided a wealth of information about agricultural leases, inheritance, graves, and fung shui,\n\nIn 1951, I served for a time in the former Secretariat for Chinese Affairs where my duties required me to spend part of every day attempting to resolve family disputes, mostly matrimonial. This provided much background material on the status of parties.\n\nIn those more settled days, when communications were difficult and New Territories villages lacked newspapers, radio and television, tradition tended to rule the conduct of villagers, just as rice cultivation ruled the village economy. Traditional customs no longer carry the same weight these days, and in some cases are all but forgotten. Rice cultivation continues in only a few remote corners of the New Territories. Its implements and associated equipment (such as ploughs, harrows, winnowing machines) are hardly recognised by the new generation which may have little idea of how their grandparents lived. Wealth in those days was equated with the number of rice fields owned, and rice depended on a plentiful supply of water. Hence the old Chinese saying \"Shui wai choi\" (**水為財**), meaning \"Water makes riches\". The English reply might be that, since then, much water has flowed under the bridge.\n\n2.\n\nSuccession\n\n(a) By Chinese custom there is no such thing as testamentary disposition of property. All a man's \"will\" can do is permit his widow(s) to remarry, and to moralize for the sons' edification. There may have been some doubt in the past whether by English law a New Territories domiciled person can make a valid will disposing of New Territories property otherwise than as custom would have directed anyhow. But this of course is no", "txt_file_path": "txt/dfo323lmgvd/RAS-1983.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/j9607p61v", "rank": 0 }, { "id": 210061, "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-1984", "page_number": 32, "title": "RAS-1984", "content_text": "11\n\nseemed to be favourable. But our human eyes do not see all the factors involved, we only see the externals. Matsu, powerful and wise, knows better. This is her oracle:\n\nDo not implore blessings nor pray for luck\n\nYour scheme and efforts will get stuck\n\nThe world of the living knows not the realm of death: A burning furnace is its law: no freedom is granted.\n\nIn small print the leaflet gives details about the major concerns of human life: here, the section ‘marriage' is the one that counts. But the expectations are not too good: “difficult to succeed\" is the verdict. After reading the slip for herself, the woman had consulted one of the temple diviners: his view was that powers from beyond the grave are causing trouble and for some reasons trying to oppose the union. The woman is disappointed but her faith in Matsu is not shaken; the oracle has at least helped her in opposing a wedding that would end in failure, or would even never materialize. Where human eyes cannot see the truth, the gods and goddesses will offer guidance to help men follow the path of correct action.\n\nHistorical Precedents of the Temple Oracles\n\nThe above narrated scene took place in 1978: a thousand years earlier, in A.D. 978, the 3rd year of the Sung Emperor T'ai-tsung, a similar scene could have taken place anywhere in China, with a different worshipper addressing a different deity concerning the same frustrating problem.2\n\nAgain, another two thousand years before that, in the year 1022 B.C., in a different situation, a similar question could have been addressed to the imperial ancestors or the divine spirits of the Chinese realm. The divining technique used at that time must have been different: either the old Shang method of heating up animal bones (scapulomancy or osteomancy), or else the manipulation of yarrow stalks or milfoil sticks, later replaced by bamboo (achilleomancy).\n\nIn any case divination combined with ancestral sacrifices is one of the oldest expressions of Chinese religiosity. Whereas the Shang", "txt_file_path": "txt/dfo323lmgvd/RAS-1984.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/5h73wh572", "rank": 0 }, { "id": 210855, "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": 206, "title": "RAS-1986", "content_text": "189\n\nIt was not only the pious part of the community in San Francisco that noted the arrival of A-chick in 1852. His appearance brought forth press comment. He did not fit the general stereotype of the Chinese immigrant. The Alta California in May, 1852, headed an article: “An Educated Celestial.\" It began with the statement: \"A well-educated and intelligent Chinaman is a being rarely met with in this country, although the Chinese population is so large.\n\nThe article then mentioned the occasion on which A-chick attracted public notice and proceeded to introduce him to the reader.\n\nHis advent in California was important because of his fluency in English. The courts in San Francisco faced much the same problem as those in Hongkong in dealing with cases involving Chinese. There was no proper interpretation of evidence.\n\nThe paper noted: \"A great deal of difficulty has been occasioned by the want of a good interpreter and in many cases in which celestials were parties, it has been impossible to elicit the facts, for want of a person who is well versed in the language.”\n\nSuddenly A-chick appeared in court, an object of surprise and amazement, “speaking our language with remarkable correctness and fluency, and exhibiting the marks of a highly polished and refined education,”\n\nThe reason for his presence in court was the belligerent threats of one Mr. Simmons against him and a companion. Mr. Simmons had threatened “to stave in their heads and pull their pig tails out by the roots.\" The incident reflected the hostile treatment frequently experienced by a Chinese in those days.\n\nBut in A-chick Mr. Simmons had dealings with no ordinary Chinese. Knowing the workings of the law by reason of his employment in the Hongkong courts before coming to California, he was not to submit meekly to such bullying. He asked the court for an order against Mr. Simmons. In defence, Mr. Simmons said he had used abusive language because the two Chinese had been rude.", "txt_file_path": "txt/dfo323lmgvd/RAS-1986.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/jq08c7063", "rank": 0 }, { "id": 210873, "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": 224, "title": "RAS-1986", "content_text": "207\n\nwife. He began his career as a teacher of English in Government Chinese schools. After two years, he was appointed an interpreter in the Police Magistrate's office. His brother-in-law, Ng Mun-sow, was already in the office and when he was dismissed, A-lloy stepped up into his position.\n\nHe left Hongkong Government service in 1867 and accepted a position under the Viceroy of Kwangtung.\n\nHe was to be in charge of an opium tax collecting office in Hongkong for the Chinese Government. Much opposition to this was voiced in the English language press, and A-lloy was attacked as a tool used to subvert British authority in Hongkong.\n\nHe then left Hongkong to become legal adviser on foreign affairs to the Governor of Fukien. He had received no formal legal training, but his years as interpreter in the courts of Hongkong gave him, as a newspaper account mentioned, “a surprisingly intimate knowledge of the forms and routines of our country.”\n\nHis activities in Fukien roused the indignation of the Hongkong papers. One of them characterised him as \"this peripatetic conglomeration of legal imposture and contemptible impudence.\"\n\n**\n\nWhatever his reputation in Hongkong, in China it had been enhanced by his acquiring, either by purchase or conferment, the degree entitling him to wear a white button on his hat.\n\nIn 1879 a change of policy in the Fukien provincial government resulted in the dismissal of most of their English-speaking Chinese employees, Ho Shun-chee, as A-lloy was then calling himself, left and joined the Chinese diplomatic mission to the United States. The Ambassador, Chen Lan-pin, was a Canton man and had recruited most of his staff from the Canton-Hongkong area. Ho Shun-chee served as interpreter.\n\nIn 1880 he passed through London. He took the opportunity to send a note to Dr. Legge, saying: \"Shortly before leaving Hongkong for America to join the Chinese Embassy under His Excellency...", "txt_file_path": "txt/dfo323lmgvd/RAS-1986.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/jq08c7063", "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": 212429, "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": 371, "title": "RAS-1990", "content_text": "348\n\nthe police, the courts and the judiciary, and correctional services. Among the topics examined are armed robbery, drug abuse, vice, commercial crime, illegal immigration, and smuggling.\n\nWacks, Raymond, editor, HUMAN RIGHTS IN HONG KONG, Hong Kong, Oxford, New York: Oxford University Press, 1992. xxiii + 542 pp. Index. In this important work fourteen scholars at the University of Hong Kong examine the future of human rights in Hong Kong in the context of the Basic Law of the Hong Kong Special Administrative Region, which comes into effect on 1 July 1997, the Bill of Rights, enacted in Hong Kong in June 1991, and international conventions and statutes that guarantee human rights. The editor is Professor of Law and Head of the Department of Law at the University of Hong Kong.\n\nWolf, Margery, THRICE TOLD TALE: FEMINISM, POSTMODERNISM AND ETHNOGRAPHIC RESPONSIBILITY, Stanford: Stanford University Press, 1992. 153 pp. Bibliography. Index. Even for the non-specialists who are not concerned with scholarly arguments over research methods and terminology, the tales Professor Wolf tells are fascinating.\n\nPang Pang, THE DEATH OF HU YAOBANG, translated from the Chinese by Si Ren, paperback. Honolulu: University of Hawaii Center for Chinese Studies, 1989. viii + 74pp. The book was written immediately after the death of Hu Yaobang on 15 April 1989, before the events of June that year. It is an account of Hu's last days in the Beijing Hospital, juxtaposed with revealing interviews with people closest to Hu. Very good easy reading.\n\nPeters, Emrys L., THE BEDOUIN OF CYRENAICA: STUDIES IN PERSONAL AND CORPORATE POWER. Cambridge: Cambridge University Press, 1990. Emrys L. Peters articles, edited by Jack Goody and Emanuel Marx, for the interested reader and anthropological students.\n\nRoberts, Priscilla (editor), SINO-AMERICAN RELATIONS SINCE 1900, Hong Kong: Centre of Asian Studies, 1991. iv + 563 pp. This important volume on Sino-American relations in the 20th century consists of papers presented at an international conference held at the University of Hong Kong in January 1990. There are more than 30 papers presented in Chinese and English. The Chinese papers", "txt_file_path": "txt/dfo323lmgvd/RAS-1990.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/d79206299", "rank": 0 }, { "id": 212668, "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-1991", "page_number": 222, "title": "RAS-1991", "content_text": "203\n\nNobody seemed to care.\n\nIn very short time we established ourselves. Patrols picked up stray Japanese and we asserted control over the Colony. Food, we soon discovered, was a black market commodity and could not be bought with money due to the fact that the Japanese had flooded the economy with forged bank notes. We had the answer to that one. The ships had brought in a supply of new currency.\n\nThe population was invited to take all its money to various points of exchange within a certain number of days. It was a common sight to see rickshaws with suitcases crammed with worthless money and, later, owners emerging from banks with somewhat slim wallets of new notes in exchange.\n\nI found the chief bartering medium for Hong Kong citizens was packets of cigarettes. Imagine what these packs looked like having passed from hand to hand in some cases for up to almost four years. A tablet of Lux soap would buy almost anything. I 'bought' a pair of leather, hand-stitched, snake-proof boots for one such tablet. I was amused to think we hadn't any snakes aboard ship.\n\nFood was the next problem. We had an abundance brought in by freighter but how to distribute it equitably was a headache. How this was finally resolved I didn't stay in Hong Kong long enough to find out.\n\nThe organisation that was put into force was fantastic. We had all our time cut out to stabilise the economy, to get the people back to work, and to restore law and order. One of the things we needed to do was find guns and munitions the Japanese had abandoned. We discovered a number of suicide boats. These were roughly made of plywood, packed with high explosive, but sea-worthy enough for one-way trips. Two of these were taken back to the United Kingdom to present to Belfast Naval Museum. We also had to re-establish the rather small police force and set up courts; medical supplies and clinics were, of course, needed.\n\nWe employed some young girls aboard ship to scrub and clean and to do other general tasks. They were paid a dollar or so for which they were grateful. The women I had in my charge were very cheerful and took a delight in watching soap bubbles. I gave each one a small piece of soap and, on completion of their duties, I allowed them to keep the...", "txt_file_path": "txt/dfo323lmgvd/RAS-1991.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/k356gt84j", "rank": 0 }, { "id": 212986, "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-1993", "page_number": 54, "title": "RAS-1993", "content_text": "33\n\nThe time frame in the sample designates five days before and ten days after each event. That is to say, it includes the latest preparations for and the treatment of the results obtained in the Games. These inclusions are necessary on two counts.\n\nFirst, during the pre-Games period, a set of expectations of the Chinese athletes would most likely be formed and announced. These could be compared with the announcements of the results to detect the use of face strategies. Likewise, there may be some matches which would be held towards the end of the Games, the results and comments of these matches may come after the official close of the Games because of the time lag in newspaper reporting. There may also be overall comments and reports after all the medals have been counted. Thus time has to be allowed for these inclusions so that comparison of which could be made with prior expectations, specific or overall.\n\nSecond, usually the athletes would arrive at the venue a few days earlier and return to China soon after the Games. The way they have been treated, the way the media present them to the readers before and after the Games could also be regarded as pertinent to the events concerned. Thus, they should be included as far as possible in the sample.\n\nThe People's Daily is chosen because it can be regarded as the most important national paper. It is directly controlled by the party. Its total distribution averages 5 million copies per issue (or 1,825,000,000 totally) for the year in 1986, and has been the largest one for years in terms of distribution. The readers of the People's Daily are spread throughout China. The paper also publishes an overseas edition for subscribers outside China.\n\nMost important of all, the People's Daily represents the view of the leading or the ruling forces. It is listed under the category of national press organisations (1986 Zhongguo Xinwen Nianjian 283). Structurally, the journalists are mostly cadres. In terms of substance, the reports and comments of this paper are quoted in other papers, and even other media. The paper contents may provide a general picture of how the press in general would report the same event.\n\nIt is also a general newspaper in which views of various fields can come into play. This may not be found in specialist papers which often approach affairs and issues from a specific perspective. Tryubao, for", "txt_file_path": "txt/dfo323lmgvd/RAS-1993.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/66833t302", "rank": 0 }, { "id": 213070, "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-1993", "page_number": 138, "title": "RAS-1993", "content_text": "119\n\nhe was asked to come down from his cave to pray for rain. As he arrived the clouds opened and sufficient rain fell ending the lengthy drought. The grateful populace insisted that he should stay with them and many wanted to build him a house. However, he returned to his cave which he named Clearwater Cliff [Ch'ing-shui Yen] from the brook that flowed from a rock just outside his cave. Henceforth he was known as the Patriarch of Clearwater He died at the age of 65\n\nA third story, common to a number of deities, tells of Ch'en killing with his bare hands a large man-eating snake which lived in a cave on Ch'ing-shui cliff. He himself died in the struggle and turned black In another version he is said to have a black face following an incident in which a demon unsuccessfully tried to smoke Ch'ing-shui out of his cave, or in another variation the demons tried to cook him alive in his cave. He stepped out alive, arrested the demons and imprisoned them for ever in his cave He was later deified by the Jade Emperor Ch'ing-shui is also said to have been hermit in a cave called Ch'ing-shui in a cliff on the P'eng-lai mountain near Anhsi where, on his death, devotees built a shrine dedicated to him on the ridge above the cave.\n\nThe story told about his unusual nose has one or two variations but in general it relates how a robber cut off the nose from his main image in a fit of anger. It was picked up by one of the devotees who tried to reattach it but without warning, the nose disappeared After a short search someone noticed that it was now reattached. It is now said that whenever the deity is angered the nose disappears until his anger dissipates During the Franco-Chinese War [1884/1885] following the defeat of the French at Keelung in northern Taiwan, part of the invading force retreated to the old centre at Tamsui. The French troops were again repulsed by the Chinese under Sun Kai-hua who was assisted by local Chinese from the Manka district [now down-town Taipei] who brought along an image of their patron deity, Ch'ing-shui Tsu-shih. This led to a fifty year struggle in the law courts between the Chinese of Tamsui and those in the Manka as the Tamsui people had held on to the image refusing to return it. The Manka Chinese won in the end. The image is also known as the Drop-nose saint [Lo-pi Tsu-shih] after the nose on the image in the temple fell off every time something bad was said in his presence\n\nHe is famous for his extraordinary powers and is said to have been able to have conjured up rain during his lifetime whenever there was a", "txt_file_path": "txt/dfo323lmgvd/RAS-1993.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/66833t302", "rank": 0 }, { "id": 213438, "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": 34, "title": "RAS-1995", "content_text": "ARTICLES\n\nCHINESE CUSTOMARY LAW IN HONGKONG'S NEW TERRITORIES. SOME LEGAL PREMISES.\n\nEDWIN HAYDON\n\nLast year [1961—Editor] the legislation regulating the New Territories of Hong Kong was amended1 and jurisdiction was conferred on the Supreme Court of Hong Kong and on the District Courts subordinate to it.\n\n\"to hear and determine all questions and disputes at law or in equity in connexion with or in anywise arising out of or regarding any land in the New Territories.\"\n\nAt the same time the Land Officer was divested of his former powers to decide questions of land in the New Territories summarily,3 and District Officers were divested of the summary jurisdiction, which for many years4 they had exercised in Small Debts Courts, in actions or matters where the claim, debt or damages sought to be recovered did not exceed one thousand dollars. Since 1953 the District Courts had exercised a concurrent jurisdiction with the Small Debts Courts in such actions. The effect, therefore, of this amending legislation was to confer from henceforth exclusive jurisdiction in all proceedings arising in the New Territories on the courts of law staffed by the professional Judiciary.\n\nSection 17 of the New Territories Ordinance reads:\n\n\"In any proceedings in the Supreme Court or the District Court in relation to land in the New Territories, the court shall have power to recognize and enforce any Chinese custom or customary right affecting such land.\n\nSo much is clear in respect of land cases, but in respect of other proceedings which may involve Chinese custom or customary right one must search further back to the source from which the British Crown's rights in the New Territories spring.", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 }, { "id": 213442, "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": 38, "title": "RAS-1995", "content_text": "CHOK HUNG vs. LI FUI CHOI\n\n\"No enquiry has ever been made to ascertain what Chinese law is. It is an extraordinary fact that the Court of this Colony, in which the Chinese live and trade as freely as Englishmen and citizens of other countries, should do with regard to the Chinese what it would never dream of doing with regard to Frenchmen or Germans or Americans; and not only that, but that it should be entirely in ignorance of Chinese law on any subject which concerns the family life and family law of those who form the bulk of its inhabitants, which is so often before the Courts—its marriage law, and the rights of property it gives; its law applicable to children. We are in the dark as to the law of majority, as to the customary law of China generally, and above all as to its law of succession. The attitude of the Court has been to let the troublesome question wait until it is definitely raised by the parties. I myself have been guilty of this, though I have rebelled more than once or twice.\n\nPage 20\n\nDuring the last half century, there have been three such enquiries, of which the results have been published. I refer, of course, to the Report of the Committee appointed in 1948,1 Greenfield's article on marriage,2 and the report and recommendations on the same subject by the Attorney General and Secretary for Chinese Affairs in 1960.2 The latter two publications do not deal with any Chinese customary law of marriage particularly obtaining in the New Territories, but the first does deal with certain aspects of Chinese customary law peculiar to the New Territories.\n\nIf a search is made of the law reports, only two cases will be found where the particular Chinese customary law obtaining in the New Territories was considered. Prima facie, that is a remarkably small number for 57 years of law reporting, and it is worthwhile probing the reasons for this dearth of case law.\n\nFirstly, the Chinese much prefer to compose their disputes or to refer them to extra-judicial arbitration than to a court of law.**\n\nSecondly, in deference to this general desire of the litigants, the District Officers arranged for the bulk of the disputes which came before them, in their Small Debts Courts or when they sat as Assistant Land Officers to decide summary land cases, to be settled out of court, most", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 }, { "id": 213444, "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": 40, "title": "RAS-1995", "content_text": "Kong and only occasionally refers to particular aspects of that law obtaining in the New Territories, and apart from the two reported cases, there is no published material dealing specifically with Chinese customary law of the New Territories which the courts may apply in cases arising from those territories.\n\nAlthough such law must be established by proof acceptable to the court, there is an apparent and an urgent need for a restatement of that law. Such a restatement would, it is submitted, be likely to be of assistance to the courts and to the legal profession. The material for such a restatement must naturally be accumulated over years, the most likely sources being the officers of the Administration and of the technical Departments, who are in daily contact with the inhabitants of the New Territories. In 1958 the District Commissioner stated-\n\nwe sadly miss the pre-war records. Successive District Officers in each district had, prior to 1941, built up what they called their \"Bible\" of knotty points of custom, obtained from independent witnesses who were alive in 1899 and were called not by either party to the dispute, but in accordance with Chinese practice by the Court itself.**\n\n(Although that loss may be held to the account of the Japanese, it does appear that nation has more than adequately repaid its debt to sinology by its scholars' researches into Chinese customary law.*4) During the last decade administrative and technical officers have again undertaken the task of collecting material on Chinese customs maintained in the New Territories and it is on the unpublished results of their labours that the ensuing restatement of Chinese customary law is based.\n\nThe Country and The People.\n\nThe area of the New Territories comprises 355 square miles of land and 673 square miles of sea. The leased territories extend in strict definition from Boundary Street in the middle of Kowloon to the Shum Chun River but the area of 7 square miles immediately to the north of Boundary Street is known as New Kowloon and is administered not as part of the New Territories but as an extension of the Urban Area, that is, the ceded territory of the Colony proper.", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 }, { "id": 213448, "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": 44, "title": "RAS-1995", "content_text": "the public examinations which they never obtained.\"7%\n\nThe Tanka have always been despised by the land-dwellers and intermarriage between land and sea-dwellers is probably non-existent.” Nevertheless the Tanka \"are the principal sea-faring people of South China, owning large sea-going junks and engaging in deep-sea fishing.\n\nThe Hoklo* speak “a Min dialect similar to those spoken in the Province of Fukien and in the Chruchow, Hoilukfung and Kiungchow areas of Kwangtung Province \"They have frequented the territories since some unknown era.\" The Hoklo are few in numbers and are mostly to be found in the eastern waters of the area. Balfour has an interesting observation to make on all four communities:-\n\n“Our analysis of the existing population has revealed that the order of migration into the region corresponds roughly with the height above sea level of each part of the community. The Tanka and Hoklo, who were the earliest people, live on the seacoast, the Punti, who came next, occupy the fertile plains and valleys, and the latest comers the Hakka, are to be found mostly in the uplands\n\nA Restatement of the Customary Law,\n\n1983\n\nTwo general types of omission have been made on principle in this restatement: firstly, all doubtful points of customary law, for the courts may in due course be called upon to decide them; secondly, mere social customs without legal force, for they are the concern rather of the sociologist.*\n\nThe Customary Law of the Land-dwellers, the Cantonese and Hakka Land\n\nThe most important part of the customary law obtaining in the New Territories undoubtedly concerns its land if for no other reason than that all questions affecting such land, in view of the preservation of Chinese custom by statute, should prima facie be governed by such custom.** Such is not the position in regard to proceedings which do not involve land, then by virtue of section 5 of the Supreme Court Ordinance, English law as existing in 1843 as modified by subsequent", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "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": 213459, "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": 55, "title": "RAS-1995", "content_text": "22\n\nhowever, cases of marriage by proxy have come to notice and although the validity of such a marriage has never been decided by the Courts, at least there is a case wherein, it can be argued, there was implied recognition of such a marriage.\" Dyer Ball, writing nearly sixty years ago, describes the custom:-\n\n\"When a man is absent from home and unavoidable circumstances prevent his return to be married, a strange marriage by proxy takes place sometimes in some districts of the Canton province; we are not aware whether it prevails in other parts of the empire or not. But the curious thing about it is that, instead of a man acting as the proxy, a cock does duty for the latter to the marriage ceremonies, though it is not even necessary that he should be sent by the bridegroom. This fowl is sent by the bridegroom, the presence of the fowl at the wedding being sufficient.\"10\n\nOn 1st July 1940 an action was brought before Sir Atholl MacGregor C.J. for the purpose of obtaining letters of administration. The plaintiff claimed that she was the lawful widow of a man whom she married by proxy in China in 1922 and who was presumed to have died in City Island, New York, in 1930 without having consummated the marriage. She gave evidence that at the ceremony carried out in the deceased's village while the deceased was in New York, he was represented by a cock decorated with golden flowers and draped in red. At the time of that marriage ceremony the plaintiff was a widow of a previous marriage to another and had three children.\n\nAs is usual in cases involving Chinese customary law, there was a battle of the experts: one gave evidence that after the cock draped in red had been taken together with the bride to the ancestral hall and had entered the bridal chamber, the marriage was regarded as valid and complete as if the bridegroom and the bride were present and even though there was no subsequent consummation; the other expert gave evidence that according to the Ching Code, the most essential point for a valid marriage was a betrothal, for the validity of which there must be a marriage contract or marriage presents exchanged between the two families. Where there was a valid betrothal there must be some kind of public ceremony in order to complete the marriage. A marriage without a valid betrothal in the first instance and without a formal ceremony to complete it, could not, the second expert stated, have any legal effect. He conceded, however, that there was some local custom allowing representation of the bridegroom by a cock.", "txt_file_path": "txt/dfo323lmgvd/RAS-1995.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/95941j25g", "rank": 0 }, { "id": 214985, "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-2000", "page_number": 81, "title": "RAS-2000", "content_text": "37\n\nThe labourer gave such details as age, address, knowledge of English, previous occupations and also details of the person, in China, to whom he wanted the Chinese portion of his pay to be sent. He then \"signed\" his contract and his identity card with his thumb-prints, so agreeing to the terms of service. Even though recruited as civilians, all were subject to martial law, including field punishments and courts-martial, conviction sometimes including the death penalty. They were considered as mercenaries.\n\nGroups of fifteen were invited to elect leaders, called Under-gangers. These men usually were more literate or had other qualities of leadership. It was necessary for the British officers and NCOs to treat them with respect at all times, otherwise they \"lost face,\" and their compatriots would then treat them with disdain and not obey their commands.\n\nEquipment and Pay\n\nBeing non-combatants, no Army-type uniform was issued to the labourers. They were issued with summer and winter \"native-style\" clothing. They were also issued with a fur-lined cap made of brown felt, with ear-flaps of grey fur, commonly called the \"Shandong hat\". These hats were modelled on similar hats worn by British troops in the North China garrisons prior to World War I. On arrival in France, labourers managed to acquire other types of headgear, namely civilian cloth caps, Australian bush hats, French Army kepis and even steel helmets. Pictures, whether stills or movies, show labourers of the CLC with a variety of clothing and headgear. European officers and NCOs wore regulation British Army uniforms and insignia, either with an Army General Service Corps badge2 or the insignia of their parent units during prior service.\n\nA cap badge of sorts was issued. Made of copper, it was oval, one inch by one and a half inches, and had the initials \"C.L.C.\" stamped thereon. Gangers wore chevrons on their uniform sleeves. The Chinese were proud of their contribution to the war effort and were ultimately awarded with an official motto Labor Vincit Omnia. [Labour Conquers all].\n\nIn addition to being clothed, fed and accommodated, the labourers", "txt_file_path": "txt/dfo323lmgvd/RAS-2000.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/nk328168n", "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": 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 }, { "id": 216393, "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": 152, "title": "RAS-2003", "content_text": "102\n\nNevertheless, the use of the tribunal can only be one step in the long process of rebuilding Cambodia. Simultaneous efforts must be made to create, almost from nothing, a viable and just legal system. The slow process of individual and community reconciliation must also be pursued.\n\nREFERENCE WEBSITES\n\nDocumentation Center of Cambodia [DC-CAM] www.bigpond.com.kh/users/dccam.genocide\n\nRoyal Government of Cambodia: The Khmer Rouge Trial Task Force www.cambodia.gov.kh/krt/\n\nPhnom Penh Post www.phnompenhpost.com\n\nNOTES\n\n1 See Report of the Group of Experts for Cambodia established pursuant to General Assembly Resolution 52/135 (Feb 1999) Annex. UN doc A/53/850, S/1999/231.\n\n2 Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea. (10 August 2001) NS/RKM/0801/12.\n\n* \"Draft Agreement Between the United Nations and the Royal Government of Cambodia Concerning the Prosecution Under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea\" 17 March 2003. See UN General Assembly: Report of the Secretary General on Khmer Rouge Trials, UN doc A/57/769, 31 March 2003.\n\n4 UN Doc GA/10135 (13 May 2003).\n\n5 Vong Sokheng and Richard Woodd: \"Jumbo cabinet ends stalemate\" Phnom Penh Post, 2-15 July 2004, page 1-2.\n\n6 Yun Samean: “Hun Sen Says Only UN Can Arrest KR”, Cambodia Daily, 7 June 2004, page 1-2.", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 } ]