[ { "id": 204502, "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-1962", "page_number": 134, "title": "RAS-1962", "content_text": "BRITAIN AND CHINA\n\n119\n\nBut only once, in September 1950, has Britain voted for a resolution in the General Assembly calling for the admission of Communist China. From June 1951 the British representative has continued to vote in favour of postponement of discussion of the question, even when, on conclusion of the Korean war, the argument that China was participating in aggression against United Nations forces no longer held good. Mr. Luard well brings out, though unfortunately he does not try to explain, the expediency which guided western policies; how one argument was produced after another when the old ones went out of date; how the British government allowed itself to be swayed in this matter by the wishes of the Americans. He does not go into the intricacies of American internal politics, which are at the root of this matter—obviously he could not in a book about Britain and China—but without some understanding of them, Britain's behaviour, somewhat unfairly, seems feeble and misguided. Britain could have done more than she has to influence American public opinion, but to have brought China into the UN against the wishes of numerous Americans would only have devalued the institution in their eyes, and might even have resulted in earlier days in an American withdrawal of funds (upon which the U.N. is very dependent) or even, disastrously, of membership.\n\nSuch a criticism does not affect the discussion of Hong Kong, which is a matter purely for the British and the Chinese. As in the rest of the book, the historical background is only sketched in; the interest is all concentrated on wartime and post-war developments. Hong Kong is unique among British colonies in that since the war it has made no progress towards independence; having narrowly escaped being \"liberated\" by Kuomintang armies at the end of the war, the prospect of a more democratic constitution was shelved when the Communists overran neighbouring Kwangtung. As Mr. Luard points out, the constitution of the Colony remains, in all essentials, exactly what it was in 1843.\n\nAnd this is where the British government's devotion to commercial interests in its relations with China again becomes apparent. Now that Hong Kong has found a new lease of economic life in manufacturing, neither the British nor the Hong Kong government are prepared to do anything which may upset the present favourable climate for investors. It is generally", "txt_file_path": "txt/dfo323lmgvd/RAS-1962.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/9s166f47f", "rank": 0 }, { "id": 208059, "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": 98, "title": "RAS-1977", "content_text": "82\n\nJ. T. KAMM\n\nlawsuits. In some instances the smaller villages pay their land tax through the influential clans.\" (p. 20).\n\n18. Tung-Kuan Hsien-chih (1921), 3:4a.\n\n19 For details on Hakka migration into the area, see Lo Hsiang-lin's K'o chia shih liao hui p'ien (***** Historical Sources for the Study of the Hakkas). See also Essay I.\n\n20 Krone, op. cit., p. 125.\n\n21 Sung Hok-p'ang, \"Legends and Tales of the New Territories” in The Hong Kong Naturalist, VII: 3 and 4. For the tale of the \"Hungry Bug\" see pp. 249-250 in number 3.\n\n22 CSO6269 in 1909,\n\n23 Extension Papers, p. 227.\n\n24 See statements by Tang Kok-lam in the Extension Papers (pp. 216 and 293-294): \"... the reason for the resistance is that there were rumours that there would be an increase in taxation, numbering of houses, and taxes on fruits and houses.\" See similar reasons put forth in the petition from the Tung Wo Kuk of Sha Tau Kok Tung, p. 319.\n\n25 CSO130 in 1902.\n\n26 Pat Heung and Shap Pat Heung are districts whose natural boundaries are made up of two major valleys of Un Long to the southeast and northwest of Kam Tin, respectively. These hsiang consist largely of small, multi-lineage settlements with substantial Hakka populations. In some of the documents in the Extension Papers, tung is appended to these districts, a usage still heard among the older elders in the area. The hypothesis which I develop later in this paper refers specifically to the large-order tung; however, it applies equally to the smaller-order tung insofar as they constitute districts treated as a whole for the purposes of revenue collection.\n\n28 CSO6269 in 1909.\n\n29 The only mention of this decision which I have seen is Tratman's account of the opening of a new market at Un Long in CSO3172 of 1915. \"Of the existence of this feud there can be no doubt. It began in the endeavors of Pat Heung to free their land from the ground-rent claimed by Kam Tin as first settlers and so overlords of the whole district. The actual bone of contention fell to the Pat Heung when the Land Court disallowed all the \"taxlord claims\" in that district; but the bad blood still remains. Its fast manifestation was in the form of an organized assault by the people of Un Long on certain Kam Tin cultivators in 1911.”\n\n30 Hugh Baker, \"The Five Great Clans of the New Territories,\" Journal of the Hong Kong Branch of the Royal Asiatic Society, Volume 6. pp. 25-48.\n\n31 “If a person is arrested by a village constable, he is taken before the gentry and elders of the village, who assemble in a place specially appointed for the purpose. The gentry and the elders, who are the representatives of the clans inhabiting the villages, are selected by the inhabitants to deal with cases in the village council, The usual cases are those of theft, disputes about land, domestic squabbles, and cases of debt. Most of these cases are summarily dealt with by the village council, and as a rule, the decision of that council is accepted as final. But if either of the parties to a case is dissatisfied, he can appeal to a council of the Tung, or to a general council, made up of representatives of the different Tung. A reference to Map VI will show how the newly leased territory is divided", "txt_file_path": "txt/dfo323lmgvd/RAS-1977.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/np198x23n", "rank": 0 }, { "id": 216382, "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": 141, "title": "RAS-2003", "content_text": "91\n\n1993-now Kingdom of Cambodia\n\nSihanouk returned as king, and the name Kingdom of Cambodia was again used. The Khmer Rouge withdrew from participation in the political process, and continued armed conflict until 1997. As the military strength of the Khmer Rouge declined, this conflict became more and more sporadic.\n\n2. The proposed Tribunal\n\nThe atrocities of the Khmer Rouge began to be documented in the period of the People's Republic of Kampuchea. For example, the S-21 \"Tuol Sleng\" was established from 1975 to 1978 as a security office for interrogation and extermination of prisoners. The site, in a suburban Phnom Penh high school, has been a museum to the victims since 1980. Assessment and documentation of the many cases has continued through the subsequent two decades, and a substantial record is maintained by the Documentation Centre of Cambodia (DC-Cam).\n\nIn 1979, the PRK government had held a trial, in which Pol Pot and Ieng Sary were convicted and sentenced to death in absentia for their crimes. However, the trial was not accepted internationally because of concerns about the processes, and because of the diplomatic isolation of the PRK government.\n\nResponses to the atrocities in the former Yugoslavia, and in Rwanda, included the establishment by the United Nations of international tribunals at The Hague and at Arusha, respectively. International pressure for some kind of legal resolution of the atrocities in the period of Democratic Khmer also increased, as did pressure within Cambodia itself.\n\nIn 1997, the Cambodian government asked the United Nations for assistance in organising a process for the Khmer Rouge trials. This led to the adoption of a resolution in the UN General Assembly in December 1997, enabling the Secretary-General to negotiate. Negotiations dragged on, with Cambodia producing a draft law in 1999, and that law passed the National Assembly in 2001.2 The United Nations negotiator, Hans Correll, objected that the law did not give effect to the agreement between the United Nations and the Royal Government. Early in 2002,", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 }, { "id": 216383, "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": 142, "title": "RAS-2003", "content_text": "92\n\nthe United Nations withdrew from the negotiating process, citing concerns that trials under the proposed law would not be effective within Cambodia's judicial system.\n\nNegotiations resumed late in 2002, and in early 2003 a further memorandum of understanding was initialled between the UN Representative, and the Royal Government.3 That agreement was approved by the Third Committee of the General Assembly, and then by the General Assembly. The agreement, and the necessary implementing legislation, was put before the Cambodian parliament in mid-2003. However, the Cambodian parliament went into recess for an election held in July 2003. The election did not produce a clear result, and negotiations between the political parties have continued for almost a year. At the time of writing (July 2004) the negotiations appear to have been resolved, and a new cabinet has been formed.\" There is quite a backlog of legislative work, including the legislation for the proposed tribunal. The Prime Minister, Hun Sen, had earlier stated that the legislation will be a high priority for the new legislature.\n\nIn anticipation of the establishment of the tribunal, both the United Nations and the Cambodian Government have formed Task Forces to work towards implementation. At the same time, a number of governments have made financial commitments to the project. The next stage will be the distribution to Cambodians of booklets explaining the tribunal.\n\n3. The Structure and Processes of the Tribunal\n\nThe most recent proposals for the tribunal are contained in the March 2003 agreement initialled by UN representative Hans Correll and Royal Government representative Sok Ann on 17 March 2003. The tribunal will be constituted as Extraordinary Chambers, a Trial Chamber and a Supreme Court Chamber. This is not an international tribunal: these Chambers are established within the existing Cambodian legal system. But the chambers will include a minority of international judges, and at least one international judge must concur with the decision of the Chamber. The Chambers will be served by national and international investigating judges, and national and international prosecutors.", "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 }, { "id": 216394, "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": 153, "title": "RAS-2003", "content_text": "103\n\n'Decision to Establish the Task Force for Cooperation with Foreign Legal Experts; Decree 55$Sr, 10 August 1999.\n\n* Ea Meng Try: Victims and Perpetrators? Testimony of Young Khmer Rouge Comrades, Documentation Center of Cambodia, Phnom Penh, 2001. See also Rasy Pheng Pong: \"Tuy Kin: A Traumatized Perpertrator\" Searching for the Truth, special English Edition, Third Quarter 2003, page 23.\n\n* Sok Siphana: Formation of a Legal and Judicial Reform Strategy for Cambodia, Cambodia Legal Resources Development Center, Phnom Penh, 2002, page 41-42.\n\n\"See the statement of the Bar Association of the Kingdom of Cambodia, the Cambodian Defenders Project and Legal Aid of Cambodia reproduced in Michael Hayes: \"Cambodian Lawyers United for UN Trial”, Phnom Penh Post, page 1-14 October 1999.\n\n11 See CUL Seminar on Judicial Functions, Phnom Penh, 5-23 July 1993, reproduced in Basil Fernando (ed) Problems Facing the Cambodian legal System, Asian Human Rights Commission, Hong Kong, 1998, at page 133.\n\nTom Fawthrop: \"Khmer Rouge trial makes legal history\", Phnom Penh Post, 5-18 January 2001.\n\n11 Richard Woodd: \"Guillotine aimed at KR trial funds\", Phnom Penh Post, 2-15 July 2004, page 1 and 3.\n\n14 See Stephen Heder with Brian Tittlemore, Seven Candidates for the Prosecution: Accountability for the Crimes of the Khmer Rouge, 2nd edition, 2004, Documentation Centre of Cambodia, Phnom Penh, page 1.\n\n15 Australia, for example, has supported capacity building of the Cambodian legal system, and has also committed to a voluntary contribution for the proposed Tribunal.\n\n16 See, for example, the Report to the General Assembly A/58/268 (15 August 2003) Role and Achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights.\n\n17\n\n\"Ea Meng Try: Justice and Reconciliation, MA Dissertation, Coventry University, September 2003, page 27-31.", "txt_file_path": "txt/dfo323lmgvd/RAS-2003.txt", "external_url": "https://digitalrepository.lib.hku.hk/catalog/2v242g390", "rank": 0 } ]