[
    {
        "id": 205711,
        "series_id": 26,
        "series_slug": "histsyn-rashkb-journal-engine",
        "series_title": "RASHKB Journal 皇家亞洲學會香港分會學刊",
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        "document_key": "RAS-1969",
        "page_number": 17,
        "title": "RAS-1969",
        "content_text": "CHINESE UNOFFICIAL MEMBERS OF COUNCILS\n\n11\n\nfor nomination by the Governor. The new Council met on 28th February, 1884, and consisted of 6 officials excluding the Governor: the Chief Justice, the Colonial Secretary, the Attorney General, the Surveyor General, the Colonial Treasurer, and the Registrar General. There were also 5 unofficials: Mr. T. Jackson (elected by the Chamber of Commerce), Mr. F. D. Sassoon (elected by the Justices of the Peace), Messrs. P. Ryrie, F. B. Johnson and Wong Shing, appointed by the Governor.\n\nThus in 1884 Wong Shing became the second Chinese to serve on the Legislative Council as an unofficial member. He too was a Cantonese from Chung Shan District. In 1841 he entered, with two other Chinese boys, Yung Wing and Wong Foon, the Morrison School in Macao which was later transferred to Hong Kong. In January 1847, Dr. Robbins Brown, an American teacher in the Morrison School, had to leave China on account of ill health. He offered to take a few of his old pupils back to America for further education. Yung Wing, Wong Foon and Wong Shing signified their desire to go and, through Dr. Brown and the Morrison Education Society, expenses for two years for the three boys were arranged. They embarked at Whampoa on the ship \"Huntress\" and proceeded via the Cape of Good Hope, the journey taking more than three months. Upon arrival in the U.S.A. the three boys were admitted to the Monson Academy at Monson, Massachusetts.\n\nAs a result of ill health, Wong Shing did not manage to acquire any academic honours during his sojourn in the United States. On his return to China he was offered an appointment in the Foreign Ministry. He served with Viceroy Li Hung-chang and Marquis Tseng Chi-tze and was a member of the Chinese legation staff in Washington. He resigned later from the Chinese diplomatic service and came to Hong Kong as a merchant. He was also associated with the Anglo-Chinese College and with the London Missionary Society for which he directed its printing establishment under Dr. James Legge. When the Tung Wah Hospital was founded in 1870, he was a founder director. He was naturalized in December 1883 and was appointed to the Legislative Council in February 1884. He was described as a man of property, much-travelled, speaking good English and fully qualified to “look at Chinese affairs with English eyes and at English affairs with Chinese eyes\". His career as a Legislative Councillor was an",
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    {
        "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",
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    },
    {
        "id": 209473,
        "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": 130,
        "title": "RAS-1982",
        "content_text": "108\n\nW. ALLYN RICKETT\n\nwere usually removed and their activities closely controlled by whatever leftist faction happened to be in control at the moment. At this time, the procuratorate was eliminated, as had been the Ministry of Justice in 1959. One of the most important developments during this period was the expansion in the cities of so-called non-criminal sanctions, generally ranging from warnings to three years reform through labour, imposed by local mediation or residents' committees in conjunction with the local police station. The mediation of neighbourhood disputes and the handling of petty local crime and anti-social behaviour by properly supervised local institutions has been, in principle, one of the more constructive developments in China since the Revolution. However, during the Cultural Revolution a vast expansion of informal and arbitrary punishment, including beatings and long-term imprisonment or deportation to the countryside, was instituted by Red Guard and other leftist groups operating in such places as schools, factories, government organizations. These leftist groups merely charged their victims with being \"rightists\" and then proceeded to take any suppressive action that seemed desirable to them.\n\nViolence and factionalism reached such proportions that in September 1967 the Army was ordered to restore order, but major outbreaks continued to occur throughout 1968 and into 1969. In April 1969 the Ninth Party Congress was held, this marking the official end of the Cultural Revolution, and though some semblance of stability began to emerge thereafter, tension throughout the society continued, especially as many purged Party officials were returned to office and the split between Mao and Lin Biao intensified. During the early 1970s, the Party machinery was restored and under the leadership of Zhou En-lai the country seemed to be entering a new period of stability. However, even after the death of Lin Biao, the leadership remained divided, with the Cultural Revolution forces now being represented by what was later to be called the Gang of Four. It was not until January 1975 that the NPC met to pass a new Constitution designed to formalize the changes in China's political and social life over the past twenty years. According to the new Constitution, the People's Republic was no longer a \"people's democratic state,\" but a \"socialist state of the dictatorship of the",
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    {
        "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",
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    {
        "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",
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    {
        "id": 212295,
        "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": 237,
        "title": "RAS-1990",
        "content_text": "214\n\nlast in the Hok-keen and Canton dialects (Malacca, 1841), 111 pages.\n\nThe breadth of Legge's vision is fully realized in the extensive studies and translations of his later career. A testimony to this fact is found in the current editions of The Chinese Classics (first prepared in the 1960 edition published in Hong Kong) which include tables locating parallel passages in all other major translations. Legge is the only non-Chinese scholar who has translated all of the major Confucian classics. In some standard Confucian lists, two classics on the rites are included which Legge did not translate: The Rites of Zhou (Zhouli) and The Rites on Etiquette (Yili). This in itself is a feat, but when one recognizes the further achievement of the extensive commentarial apparatus, it is easy to understand why one missionary-scholar referred to Legge in the 1870s as the greatest sinologist in the Western world.\n\n1\n\nJames Legge, “A Fair and Dispassionate Discussion of the Three Doctrines Accepted in China\", sometime in the 1880s (1881?) to an Orientalist Conference. I have seen the published article, but could find no precise reference for it. In addition, Legge published an annotated translation of a Korean recension of a text important for the understanding of Chinese Buddhism. A Record of Buddhistic Kingdoms, being an Account by the Chinese Monk Fa-Hien of his Travels in India and Ceylon (AD 399-414) in Search of the Buddhistic Books of Discipline (Oxford: Clarendon Press, 1886), which included at the end a copy of the Chinese manuscript.\n\n++\n\nGeorge Baker, author, James Legge trans., Graduated Reading, comprising a Circle of Knowledge in 200 Lessons: Gradation 1 (Zhihuan qimeng shuke chubu) (TER224) (Hong Kong: London Missionary Society Press, 1856, second printing, 1864).\n\nThis monthly magazine was entitled Xidi quanzhen (遠邇貫珍) Penetrating Treasures from Far and Near which Legge edited from mid-1855 to mid-1856,\n\nHì\n\nWhile remaining a patriot of Great Britain, and feeling at times that war was a necessary means for promoting international justice in the specific case of relations with Guangdong provincial leaders, Legge questioned the employment of war for the sake of \"stimulating the economy\". For this reason, he challenged the Hong Kong government's militarism in 1856 (the Arrow affair) as well as its questionable motives. In addition, he argued that China had good reason to fear and hate the English because of the evils of opium trade, comparing her response to that of Japan, where opium trade had been made illegal from its very beginnings. See James Legge, \"The Colony of Hong Kong\". Journal of the Hong Kong Branch of the Royal Asiatic Society 11 (1971), [reprint from The China Review of 1872-3, see n. 2 above] pp. 185-191. In the prolegomenon of the first volume of The Chinese Classics, Legge explicitly argued that the colonial responsibilities Great Britain had assumed in India and China would best be put into the hands of governors who, as if following the dictates of benevolent government advocated by Confucius, were worthy examples of moral, ethical, and political well-being. A criticism of some of the British imperialistic intentions and its accompanying evils could not be put more plainly by a loyal citizen. See The Chinese Classics: Vol 1, op. cit., p. 105.\n\nTheodore Hamberg, The Visions of Hung Siu-Tshuen (Hong Kong: 1854).\n\nJ7\n\n44\n\nAt the end of his missionary career, Legge could still speak of Hong Rengan with some affection. In public Legge praised his intelligence and amiability; see Legge's \"The Colony of Hong Kong\". The Journal of the Hong Kong Branch of the Royal Asiatic Society, op. cit., p. 186. In private notes found in the Bodleian Library entitled \"Reminiscences\", Legge tells how they would walk, arms across each other's shoulders in close friendship, and how adept Rengan was when they performed Christian Ministry together. See James Legge, \"Reminiscences\", manuscript in the Bodleian Library, pp. 13-14.\n\n典\n\nIn his lecture on the history of Hong Kong in 1872, Legge indicated his satisfaction in seeing the rearrangement of all Chinese schools. E. T. Eitel also discussed Legge's",
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