RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1962 https://digitalrepository.lib.hku.hk/catalog/9s166f47f 128 CHAN, Dr. H. C. - CHAN, Hok-lam, William CHAU, Hon. Sir Tsun-nin CHENG, T. C... CHEONG-LEEN, Hilton · CHEUNG, Oswald - CHING, Henry CHING, Joseph CHIU, Ling-yeong CHOA, Dr. Gerald H.- CLARK, Mrs. N. E. COHN, Dr. A. J.- COLE, Martin + CRANMER-BYNG, J. L. CUMINE, E. · - + T Bank of Canton Building, 5th floor, H.K. c/o Dept. of History, Chung Chi College, Ma Liu Shui, Shatin, New Territories, 8, Queen's Road, West, Hong Kong. c/o S.C.A., Fire Brigade Building H.K. G.P.O. Box 584, 310 Yu To Sang Bldg., Hong Kong. 1002, Alexandra House, Hong Kong. 9, Village Road, 1st floor, Hong Kong. c/o U.S. Consulate-General, 26 Garden Road, H.K. 167, Yee Kuk Street, 3rd floor, Shumshuipo, Kowloon. Queen Mary Hospital, Pokfulum, H.K. c/o H.K. & Shanghai Banking Corpn., H.K. 116, Leighton Road, Leisham Court, 6/F., "F", Hong Kong. 16, Conduit Road, Hong Kong. Dept. of History, University of Hong Kong, Hong Kong. 14, Embassy Court, Hong Kong. CUMMING, Mount Stephen e/o Messrs. Butterfield & Swire, Union DAIKO, Paul - T DAVIES, Miss Ann Carol DAVIS, Dr. S. G.- DEANS PEGGS, Dr. A. - DENNYS, Miss Sylvia M. DJOU, G. G. - DONOHUE, Hon. Peter DRAKE, Mrs. F. S. DRAKE, Prof. F. S. L House. L P. O. Box 201, Hong Kong. ■ J L + DRAKEFORD, Louis Samuel DUNCANSON, J. D. - + DUNT, Percy EDWARDS, O. P. ENDACOTT, G. B. ENGEL, Dr. D. - 2, Friston, 15, Old Peak Road, Hong Kong. Dept. of Geography and Geology, Hong Kong University, c/o Education Department, Battery Path, Hong Kong. c/o Economic Survey Section, 804 Man Yee Bldg., H.K. c/o American International Assnce. Co., Ltd. 12/14 Queen's Road, Central, Hong Kong. Education Department, Battery Path, H.K. 92 Bonham Road, Hong Kong. Dept. of Chinese, Hong Kong University, Hong Kong. 25, Chatham Road, 11th floor, Front, Kin. c/o Barclays Bank (D.C.O.), 1 Cockspur Street, London, S.W.1. England. P. O. Box 94, Hong Kong. c/o Hong Kong & Shanghai Banking Corpn., H.K. Dept. of History, Hong Kong University, Hong Kong. 542 Alexandra House, Hong Kong. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1963 https://digitalrepository.lib.hku.hk/catalog/4m90m091v 150 BOYD, J. D. I. BRAGA, J. M. - BREUIL, Mrs. N. du BROMHALL, J. D. BROOKS, D. E. BRUUN, F. - A-1 9th Floor, 2 Oaklands Path, H.K. - P. O. Box 951, H.K. 86, Main Street, Stanley, H.K. Fisheries Research Station. The Fish Market, Island Road, Aberdeen. Radio Hong Kong, Rodney Block, G/F., Wellington Barracks, H.K. 908, Takshing House, H.K. BURKHARDT, Col. V. R. - 86, Main Street, Stanley, H.K. BYRNE, D. J. - CALCINA, P. G. * CHAN, Dr. H. C. - CHAN, Hok-lam CHAN, Leonard + CHAU, Hon. Sir T. N. *- CHAU, Wah-ching CHENG, T. C.. CHEONG-LEEN, Hilton + c/o China Light & Power Co., Ltd. Argyle St., Kowloon. Commercial Investment Co., Ltd., Union House, 12th Floor, H.K. Bank of Canton Building, H.K. c/o Department of History, Chung Chi College, Ma Liu Shui, N.T. c/o Pâzer Corporation, G.P.O. 323, H.K. 8, Queen's Road, West, H.K. English Department, Chung Chi College, Ma Liu Shui, N.T. United College of H.K., Bonham Road, H.K. G.P.O. Box 584, 310 Yu To Sang Building, H.K. CHESTERMAN, Prof. W. D. 4 Felix Villas, Pokfulum, H.K. CHEUNG, O. CHING, Henry CHING, Joseph - CHIU, Miss B. T. CHIU, Ling-yeong CHOA, Dr. G. H. CHOW, Edward T. CLARK, Mrs. N. E. COHN, Dr. A. J. - COLE, M. 1002, Alexandra House, H.K. 9, Village Road, 1st Floor, H.K. c/o U.S. Consulate-General, 26 Garden Road, H.K. Department of Botany, The University, H.K. 167, Yee Kuk Street, 3rd Floor, Shumshuipo, Kowloon. Queen Mary Hospital, Pokfulum, H.K. 3 Village Terrace, Happy Valley, H.K. 71, Peak Road, H.K. 116, Leighton Road, Lei Shun Court, 6th Floor, "F", H.K. 16, Conduit Road, H.K. *Life Member Please notify the Hon. Secretary of any inaccuracy ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1964 https://digitalrepository.lib.hku.hk/catalog/qz20zx09r 157 CHAN, L. CHAN, Hok-Lam CHAPMAN, Dr. G. W. - CHẦU, Hon. Sir Tsun-nin CHAU, Wah Ching CHEN, Yih CHENG, Dr. Irene CHENG, T. C. - CHESTERMAN, Prof. W. D. CHEUNG, Oswald CHING, Henry CHING, Joseph CHIU, Miss Bek To CHOA, Dr. Gerald H. CHOW, Edward T. CHUN, Dr. C. T. = CLARK, Mrs. E. E. CLARK, Mrs. N. E. + CLUTTERBUCK, Miss A. COBBAN, K. M. COHN, Dr. A. J. COLE, M. CRAGG, N. F. - - CUMINE, E. CUMMING, M. S. DAIKO, P. D'ALMADA, C. P. + - + - c/o Pfizer Corporation, G.P.O. Box 323, H.K. 3327 Graduate College, Princeton University, Princeton, N.Y., U.S.A. c/o The Nethersole Hospital, Bonham Rd., H.K. 8 Queen's Road, West, Hong Kong. English Dept. Chung Chi College, Ma Liu Shui, N.T. 406A Bank of East Asia Building, H.K. c/o Confucian Tai Shing School, H.K.L.L. No. 4405, Sam Po Kong, Kowloon. United College, Bonham Road, H.K. 4, Felix Villas, H.K. 1002, Alexandra House, H.K. 9 Village Road, 1st floor, H.K. c/o U.S. Consulate-General, 26 Garden Rd., H.K. 168 Ebury Street, London S.W.1., England. Queen Mary Hospital, Pokfulum, H.K. 3. Village Terrace, Happy Valley, H.K. New Asia College, 6 Farm Road, Kowloon. Tytam Villa, 30 Tai Tam Road, H.K. c/o The H.K. & Shanghai Banking Corpn., H.K. The Helena May, Garden Road, H.K. Flat 33, Mount Austin Mansions, 8 Mt. Austin Road, H.K. 116, Leighton Road, Lei Shun Court, 6th floor, "F", H.K. 16 Conduit Road, H.K. 11, Peak Pavillons, 12 Mt. Kellett Road, H.K. 14, Embassy Court, H.K. c/o Messrs. Butterfield & Swire, Union House, H.K. P. O. Box 201, H.K. Casa Branca, Lot No. 270, Silver Strand, Clearwater Bay Road, N.T. • Life Member Please notify the Hon. Secretary of any inaccuracy ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1970 https://digitalrepository.lib.hku.hk/catalog/ww72j0241 96 K. M. A. BARNETT The 22 syllables or 15 words of English and the 8 syllables or 4/5 words of Cantonese are as near as may be the complete equivalents one of the other. A qualified statement about the present is followed by a mild negative imperative about the near future, with a deprecatory hint of the speaker's present status. The Cantonese adds the information that those addressed are two in number. The sentences are as near as may be complete equivalents one of the other. Yet only in two cases does a word in the one stand for a word in the other, and only in one case does a syllable stand for a syllable. The order of presentation differs sharply. Such variety in the manner of marshalling thoughts into speech (or writing) whilst fascinating to a student of comparative linguistics, must be frustrating to those mechanistic simpletons who think translation is just a matter of rearranging words. I call them the Leg Before Wicket school. When I was younger and less tolerant of stupidity I used to reply with scant courtesy to people who asked me “What language do you really think in?” Nowadays, realizing that the question conveys a genuine if unintended compliment, so few are the people who really think anyhow, that I treat the enquiry rather more gently than it deserves. Of course, nobody thinks in any language: if it ever became possible to record thought processes the necessary code would be far too intricate to be called a language; with strange leaps and skips, logical steps left out, others duplicated and triplicated, and the whole criss-crossed with echoes, recollections, and a sort of scanning device which (when the thought is accompanied by speech, hearing, reading or writing) continually flashes its Stop! Caution! Go! messages to warn you against ambiguity, repetition, contradiction or other socially disutile paths. This process becomes so habitual, so reflex, with us that in relaxed, unguarded conversation with an intimate friend we may seem to ourselves to be thinking aloud; and such a conversation can be largely unintelligible to a third party, or even to ourselves if recorded and played back much later. But even the record of such a colloquy, I suggest, would not really reproduce, much less reveal, the patterns of thought which underlay it: at most it would sketch, would adumbrate, a simplified version of one only of the many threads in the pattern of thought: ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1972 https://digitalrepository.lib.hku.hk/catalog/gm80qf99h SIR JAMES HALDANE STEWART LOCKHART 54 Index to the Tso Chuan, p. iii of Lockhart's preface. 55 Ibid., p. iii. 56 T'oung Pao, vol. xxix, 1932, p. 180. 83 57 On the study of folklore see Alan Dundes (ed.), The Study of Folklore, Englewood Cliffs, New Jersey, 1965. 58 N. B. Dennys (1840?-1900), a student interpreter in the Consular Service, published in Hong Kong in 1867: The Folklore of China, and its affinities with that of the Aryan and Semitic Races. It was a reprint of a series of articles first published in the China Review. Dennys' study is influenced particularly by the work of Max Müller. A typical example of Dennys' conjecturing would be the following: 'But what are we to make of the monotheistic spirit pervading the numerous sayings in which the "Heaven" of the Chinese answers to the "God" of Christian Europe or the "Jehovah" of the chosen race? Is this the spontaneous invention of an isolated people, or is it the surviving trace of a long-forgotten worship, when the ancestors of the Chinamen and the Semite worshipped at the same tomb?' (p. 155). See also Thomas Watters, 'Chinese Fox-Myths', JNCBRAS, vol. viii, 1873. The article by E. T. C. Werner, 'China's Place in Sociology', China Review, vol. xx, 1891/92, pp. 303-310, provides another example of the speculative thinking current among the educated in the 1880s. 59 Lockhart's circular was also printed in the JNCBRAS, vol. xxi, 1886, p. 120. 60 China Review, vol. xiv, 1885/86, p. 352. 61 In 1860 the Hong Kong Daily Press published a separate newspaper in Chinese. This was the Chung Ngoi San Po and its first editor was Wong Shing (Huang Shêng). 62 The collection contains over 600 letters from R. F. Johnston to Lockhart. 63 JNCBRAS, vol. xlvii, 1916, p. 152. 64 Arthur Bradden Cole, An Encyclopedia of Chinese Coins, New Collegiate Press, Kansas, 1967, vol. 1, p. 335. 65 South China Morning Post, 5 January, 1972. 66 Jean Gittins, Eastern Windows, Western Skies, Hong Kong, 1969, p. 47. 67 The Times, 4 March, 1937. See also the obituary in the North-China Herald of 10 March, 1937. The South China Morning Post on 1 March, 1937, declared that Sir James' name is immortalised in Hong Kong by Lockhart Road on the Praya Reclamation.' Lockhart received the C.M.G. in 1898 and became a K.C.M.G. in 1908. 68 R. F. Johnston's obituary notice of Lockhart: Journal of the Royal Asiatic Society for 1937, p. 393. Johnston states he was one of the first to receive the honorary degree of LL.D from the newly founded University of Hong Kong. He received this honour in 1919 and was in fact the twelfth person to be so honoured. 69 See, for example, Lockhart's letter to Dr. G. E. Morrison after Morrison's speech to the China Association in 1907: 'I admired your pluck', Lockhart wrote, 'in telling your hosts what could not have been entirely pleasing to their self-satisfied ears, and in giving expression to what you well know will not make you popular with the white men in the Far West. You boldly advised removal of the troops. See Cyril Pearl, ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1975 https://digitalrepository.lib.hku.hk/catalog/j0995146d 290 Editor's Footnotes DONALD C. BOWIE 1. Dr. Bowie's own career and achievements, before and after the historic events of which he writes, will be of interest to readers of this Journal. They are as follows: M.B. 1918. University of Glasgow. F.R.C.S. Royal College of Surgeons, Edinburgh 1929. Honorary F.R.C.G.P. (Royal College of General Practitioners) 1969. Sir Arthur Keith Medallist, Royal College of Surgeons, England, 1969. Main Appointments, Army. Commissioned R.A.M.C. 1918. Served in U.K., France, Germany, Turkey. Seconded to Egyptian Army 1923-25. Shanghai Defence Force 1927. Territorial Adjutant, 54th East Anglian Division T.A. 1928-30, Surgical Specialist, British Troops in Egypt 1930-35. Surgical Specialist, Queen Alexandra Military Hospital, London 1936-39, Surgical Specialist, British Troops in China, Hong Kong, 1939. Prisoner of War, 1941-45. Reader in Military Surgery, Royal Army Medical College, London 1946-48. Consulting Surgeon, Middle East Land Forces 1948-50. Retired 1950. (voluntarily) Civil. Regional Postgraduate Dean, British Postgraduate Medical Federation, University of London in North West, South West Metropolitan and Wessex Hospital Regions, 1950-70. Now Retired. Dr. Bowie was awarded the O.B.E. (Military) in 1946. 2. Dr. Bowie's account of Japanese attitudes and behaviour can usefully be set beside the comments of Sir Selwyn Selwyn-Clarke and Dr. Li Shu-fan, the eminent Hong Kong surgeon, who both experienced them at first hand. Sir Selwyn writes (pp. 71-72 of his autobiography referred to at p. 178 above): Nobody can deny that man's potential for cruelty was exhibited on an appalling scale by the Japanese in the stress of war. It was predictable in the circumstances that I should suffer my share of ill-treatment at their hands, and this is what presently came about. Yet the feature of their character that stood out from that whole experience was in fact their unpredictability. They would be acquiescent, even humane, when least expected, vicious with sudden fury after a phase almost of apathy. They could respect, sometimes, a principled stand or an unflinching argument, and yet visit a meaningless rage upon the helpless. To attempt to understand them was the plain duty of anyone seeking to protect a community that was at their mercy, and the first lesson to be learned was that surrender violated their military code, making a prisoner a non-person. But this too was a generalization, and as such to be guarded against as one guarded against racial prejudice. For men are not cast in one mould, even by war, even by a code or an ideology. Dr. Li's account of Hong Kong under Japanese rule is given in chapters 6-9 of his autobiography, Hong Kong Surgeon (London, Victor Gollancz, 1964) in which his comments at pp. 159-160 are relevant here. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1978 https://digitalrepository.lib.hku.hk/catalog/8g84t8593 VILLAGE GOVERNMENT IN CHINA, 1933 165 any contingency of administration which faced the small and self-contained villages of the rural districts in which the great mass of the Chinese people dwelt. Author's note: On rereading this effort of an aspiring young Sinologue in Peking some 45 years ago, the author realizes how quaint it must seem today for the "state of the art" is far advanced since then, with a proliferation of on-the-ground studies of Chinese rural life done by sociologists and social anthropologists in China, Hong Kong, and Taiwan. They provide concrete information on village governance richer than all one could find in 1933, C.M.W., 15 October 1979. BIBLIOGRAPHY I. WORKS CITED IN THIS PAPER. Addison, James T.; Chinese Ancestor Worship: a Study of its Meaning and its Relations with Christianity. No place, Chung Hua Shen Kung Hui, 1925. Alabaster, Ernest; Notes and Commentaries on Chinese Criminal Law and Cognate Topics, London, Luzac, 1899, Bazin; "Recherches sur les Institutions Administratives et Municipales de la Chine" (Journal Asiatique. 5th Series, vol. 3, 1854, p. 6-66; vol. 4, 1854, p. 249-348), (The two papers are differentiated by the Roman numerals I and II.) Bishop, Carl W. Man from the Farthest Past. New York Smithsonian Institution, 1930. (Smithsonian Scientific Series, vol. 7.) Bishop, C. W.; "Prefatory Note on the Worship of Earth in Ancient China." (Excavation of a West Han Site. Shanghai, no pub., 1932, p. 1-20.) Bishop, Carl W.; "The Rise of Civilization in China with Reference to its Geographical Aspects" (Geographical Review, Oct. 1932, p. 617-631.) Boulais, Guy; Manuel du Code Chinois. Shanghai, Imprimerie de la Mission Catholique, 1924. (Variétés Sinologiques 55.) Buck, John L.; Chinese Farm Economy; a Study of 2866 Farms in Seventeen Localities and Seven Provinces in China. Shanghai, Commercial Press, 1930. Chen Huan-chang; The Economic Principles of Confucius and His School, 2 vols. New York, Columbia, 1911. China National Government. The Civil Code of the Republic of China. Translated into English by Hsia, Ching-lin: Chow, James L. E.; Chang, Yukon, 2 vols. Shanghai, Kelly and Walsh, 1930-31. vol. 2. China Year Book 1932. (Woodhead, H. G. W. Ed.) Shanghai, North-China, 1932. Chinese Repository. See: "Clanship Among the Chinese." ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1978 https://digitalrepository.lib.hku.hk/catalog/8g84t8593 166 C. MARTIN WILBUR Ching Ho; A Sociological Analysis. The Report of a Preliminary Survey of the Town of Ching Ho, Hopei, North China. (Hsu, Leonard, S., Editor.) Peiping, Yenching, 1930. "Clanship Among the Chinese". (Chinese Repository, vol. 4, 1836, p. 411-415). Creel, Herrlee G.; Sinism; a Study of the Evolution of the Chinese World View. Chicago, Open Court, 1929. De Groot, J. J. M.; Les Fêtes Annuellement Célébrées à Emoui (Amoy); Étude Concernant la Religion Populaire des Chinois. 2 vols. Paris, Leroux, 1886. De Groot, J. J. M.; The Religious System of China. 6 vols. Leyden, Brill, 1892-1910. Demiéville, P.; "Hou Che Wen Ts'ouen (MILŻ#)" (Bulletin de l'École Française d'Extrême-Orient, vol. 23, 1923, p. 489-499). Des Routours, Robert; "Les Grands Fonctionnaires des Provinces en Chine sous la Dynastie des T'ang." (T'oung Pao, vol. 25, 1928, p. 219-330). Duyvendak, J. J. L. (translator); The Book of Lord Shang, a Classic of the Chinese School of Law, London, Probsthain, 1928. Ferguson, John C., "Political Parties of the Northern Sung Dynasty" (Journal of the North China Branch of the Royal Asiatic Society, vol. 58, 1927, p. 36-56). Ferguson, John C.; "Southern Migration of the Sung Dynasty" (Journal of the North China Branch of the Royal Asiatic Society, vol. 55, 1924, p. 14-27). Ferguson, John C.; "Wang An-shih" (Journal of the North China Branch of the Royal Asiatic Society, vol. 35, 1903-04, p. 65-75). Giles, Herbert A.; A Chinese Biographical Dictionary. Shanghai, Kelly and Walsh, 1898. Giles, Herbert A.; A Chinese English Dictionary. 2nd ed., 2 vols.; Shanghai, Kelly and Walsh, 1912. Granet, Marcel; Chinese Civilization, London, Kegan Paul, 1930. Hirth, Friedrich; The Ancient History of China to the End of the Chou Dynasty, New York, Columbia, 1911. Hsieh, Pao Chao; The Government of China (1644-1911). Baltimore, Johns Hopkins, 1925. Hu, Shih; "The Establishment of Confucianism as a State Religion During the Han Dynasty” (Journal of the North China Branch of Royal Asiatic Society, vol. 60, 1929, p. 20-41). Hu, Shih: "Religion and Philosophy in Chinese History" (in Symposium on Chinese Culture. (Zen, Sophia H. Chen, Editor). Shanghai, Institute of Pacific Relations, 1931, p. 24-58). Hu, Shih; "Wang Mang, the Socialist Emperor of Nineteen Centuries Ago” (Journal of the North China Branch of the Royal Asiatic Society, vol. 59, 1928. p. 218-230). Huang, Han Liang; The Land Tax in China. New York, Columbia, 1918. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1978 https://digitalrepository.lib.hku.hk/catalog/8g84t8593 VILLAGE GOVERNMENT IN CHINA, 1933 167 Huc, M.; The Chinese Empire: Forming a Sequel to the Work Entitled "Recollections of a Journey Through Tartary and Tibet". 2nd ed., 2 vols.; London, Longman, 1855. Huc, M.; L'Empire Chinois: Faisant Suite à L'Ouvrage Intitulé "Souvenirs d'un Voyage dans la Tartarie et le Thibet". 2nd ed., 2 vols.; Paris, Gaume Frères, 1855. Hummel, Arthur W.; "The Case Against Force in Chinese Philosophy" (Chinese Social and Political Science Review, vol. 9, 1925, p. 334-350). Jamieson, G.; Chinese Family and Commercial Law. Shanghai, Kelly and Walsh, 1921. Kulp, Daniel H.; Country Life in South China: The Sociology of Familism. Vol. 1: Phenix Village, Kwantung, China. New York, Columbia, 1925. Lee, Mabel Ping-Hua; The Economic History of China, with Special Reference to Agriculture. New York, Columbia, 1921. Leong, Y.K., and Tao, L.K.; Village and Town Life in China. London, Allen and Unwin, 1915. Li, Chi; The Formation of the Chinese People; an Anthropological Inquiry. Cambridge, Harvard, 1928. Mallory, Walter H.; China: Land of Famine. New York, American Geographical Society, 1926. (American Geographical Society, Special Publication no. 6.) Malone, C.B., and Tayler, J.B.; The Study of Chinese Rural Economy. Peking, China International Famine Relief Commission, Series B, no. 10, 1924. (Reprinted from: Chinese Social and Political Science Review, vol. 7, no. 4, 1923, p. 88-101; and vol. 8, no. 1, 1924, p. 196-226.) Martin, W.A.P.; "The Worship of Ancestors a Plea for Toleration" (Records of the General Conference of the Protestant Missionaries of China. 1890. Shanghai, American Presbyterian Mission Press, 1890. p. 619-631). Maspero, Henri; La Chine Antique. Paris, Boccard, 1927. Maspero, Henri; "La Vie Privée en Chine à l'Epoque des Han." (Revue des Arts Asiatiques, vol. 7, 1931-1932, p. 185-201). Maybon, B.; Essai sur les Associations en Chine. Paris, Plon-Nourrit et Cie, 1925. Meadows, Thomas T.; Desultory Notes on the Government and People of China. London, Allen, 1847. Morse, Hosea B.; The Trade and Administration of the Chinese Empire. Shanghai, Kelly and Walsh, 1908. Shryock, John; The Temples of Anking and Their Cults: a Study of Modern Chinese Religion. Paris, Geuthner, 1931. Smith, Arthur H.; Village Life in China; a Study in Sociology. New York, Revel, 1898. Staunton, George T. (translator); Ta Tsing Leu Lee, Being the Fundamental Laws, and a Selection from the Supplementary Statutes of the Penal Code of China. London, Cadell and Davies, 1810. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1982 https://digitalrepository.lib.hku.hk/catalog/mk61z420p THE NEW CONSTITUTION AND CHINA'S EMERGING LEGAL SYSTEM IN PERSPECTIVE W. ALLYN RICKETT* On December 4, 1982, China's National People's Congress (NPC) adopted the fourth and perhaps most favourable constitution since 1949 in terms of paper guarantees for the protection of individual citizens against the arbitrary abuse of Party and state power. When coupled with such laws as the Criminal Code and Criminal Code of Procedure, promulgated in July 1979 and implemented in January 1980, there is some room for optimism that China has embarked on a path toward a stable legal system and the provision of basic guarantees for the rights of its citizens. However, given China's traditional disregard of individual rights and the almost constant state of political turmoil prevailing throughout this century, not to mention the Chinese Communists' generally negative attitude toward jural or formal law in the past, such optimism may well prove to have been undeserved. It might be worthwhile to look briefly at previous efforts on the part of the Chinese Communists to establish some semblance of a stable legal system before trying to reach any conclusions about the future. The early judicial experience of the Chinese Communists, which began with the special tribunals set up in Hunan in 1926-27 to try "bad elements," can at best be described by Mao Zedong's own words "zao de hen" [extremely crude]. It was not until November 1931 with the founding of the Chinese Soviet Republic in Jiangxi that any real attempt was made by the Communists to establish a formal body of law and judicial procedure. During this and the following Yenan period, laws were promulgated and legal institutions established, but this took place within the context of violent revolutionary struggle and the war of resistance against Japan. Moreover, judicial personnel * Professor Rickett is Professor of Chinese Studies at the University of Pennsylvania. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1984 https://digitalrepository.lib.hku.hk/catalog/5h73wh572 248 CHOI CHI CHEUNG A B C D E F G H I J I 李 M 70 Hokkien Yokohama Lived for 5 years. Grave Resident C wife (70, Hokkien) 陳 M 63 Hokkien Kobe Grave C Wife (50 Japanese) IV M 40 1- Canton Yokohama 1st arrived in Kobe, Grave. V M Shanghai Kobe Resident VI M 70 4- Hokkien Kobe Grave VII 魏 M 88 Shantong Kobe Resident born VIII 林 M 60 Shantong Kobe Resident IX A M 60 1- Canton Yokohama wife X 林 M 50 1 Hokkien Kobe Resident XI M XII M 80 J- 88 60 I Taiwan Kobe Resident Hokkien Kobe the Asso. XIII 沝 M 42 I+ Canton Kobe Resident and 3 children C Immigrants who he helped C Boss, Friends, mainly Cantonese females C❘ wife (Cantonese, 2nd generation) C sister-in-law-I's wife, grandaughter C worshippers B son-in-law (from Kiangsu) B wife (54, Cantonese 2nd generation, born and lived in Kobe till married) B Brother (Chairman of the Asso.) C Committee members ex-chairman of | A | Committee members and others C2nd brother A = Code number of the Ming-che of the 'Newly Dead' on Plan of Festival Area B = Surname of the "Newly Dead" C = Sex of the 'Newly Dead' ▸ = Estimated age of the 'Newly Dead' at death E = Year(s) after death F = Origins of the 'Newly Dead' G = Residential place of the 'Newly Dead' in Japan H = Relationship with Kobe I = Class of Ming-che (A=470,000 yen, B=350,000 yen, C=200,000 yen) J = Informants' relationship with the 'Newly Dead' ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1988 https://digitalrepository.lib.hku.hk/catalog/ft84gb83q 173 Ziegler's part and bad for my self-esteem. I studied English under Mrs. Roberts in my sophomore year and under Miss Floralyn Cadwell in my junior and senior years. When I entered the University of Hawaii four years later, Miss Cadwell was by that time married to an Irish-English gentleman, Mr. Lalia Conway, and was active in community dramatics. Now on the staff of the university, she had me again, this time concentrating on English composition. She was from an old Santa Barbara family who had journeyed to California by way of the Cape. There was a sweet and dreamlike quality about her. We became life-long friends. I owe much to these two English teachers in learning to appreciate English literature. Geometry was taught by Mr. Cole, a plain Quaker-like instructor. Somehow I did not seem to understand the relationship between points and lines so that I almost flunked the course. Later when I was pressured to teach that subject at True Light Middle School, I was surprised that the government supervisor considered me a good teacher. Perhaps my experience gave me an understanding of the difficulties confronting a student. Mr. Cole is remembered not for the subject he taught, but as a thin, stern teacher, who seemed to be too friendly with Margaret M. Lam, a neighbour of ours. She sat in the seat in front of his desk where she would talk softly with him and would giggle from time to time, intriguing yet somehow annoying to me. Mrs. Wilson taught me first and second year algebra and Miss Wikander, history. I took a year of typing and have never regretted it. All in all I did quite well and the four years went by much too soon. Because Mother was concerned that the Barbour Scholarship which Ruth received might not be renewed, I offered to go to work in case she needed some help in the future. Therefore, I took a business course at the Phillips Commercial School for a year and landed my first job as secretary to Judge William J. Robinson, to whom I was referred by Alice Ho Wong, the daughter of Ho Fan, an old family friend. Judge Robinson practised law in the Union Trust Building on Alakea Street, near King Street, and did a good deal of work for the trust company, which was incorporated by Portuguese business men. In the fall of 1928, ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1990 https://digitalrepository.lib.hku.hk/catalog/d79206299 24 30 Sir George Thomas Staunton, a member of the 1793-94 Macartney Embassy, whose translation of Ch'ing Law was the first published in Britain, had been at pains to emphasize this: Ta Tsing Leu Lee, Being the Fundamental Laws... of the Penal Code of China (London, Cadell and Davies, 1801), p. 185. For its application in practice see the cases translated with commentary in Derk Bodde and Clarence Morris, Law in Imperial China, Exemplified by 190 Ch'ing Dynasty Cases (Philadelphia, University of Pennsylvania Press, 1967).21 Cited in Corinne K. Hoexter, From Canton to California, The Epic of Chinese Immigration (New York, Four Winds Press, 1976), p. 136. 11 Dr. William Lockhart of the London Missionary Society, writing in 1861, cites the case of the old scholar who so greatly assisted Dr. W.H. Medhurst with his translations and researches. See his The Medical Missionary in China (London, Hurst and Blackett. 2nd edition, 1861), pp. 21-22. "He was a living concordance of the entire range of Chinese literature. He could find any passage without hesitation, repeat page after page of most of the works, and could easily take up any citation which had been begun in his hearing, and finish it without hesitation. This is not an uncommon thing amongst the educated Chinese, but this man possessed the faculty in a remarkable degree". 23 Arthur Evans Moule, The Chinese People, A Handbook on China (London, Society for Promoting Christian Knowledge, 1941), p. 262. See also his New China and Old, Personal Recollections and Observations of Thirty Years (London, Seeley and Co., 1891), p. 271.24 Some of the literary material to be found in villages of the Hong Kong region is described in Dr. Patrick Hase's most useful paper. "Research Materials for Village Studies", Chapter 4 of Alan Birch, Y.C. Jao and Elizabeth Sinn (eds.) Research Materials for Hong Kong Studies (Hong Kong. Centre of Asian Studies. University of Hong Kong, 1984), pp. 31-46, especially between pp. 32-37. 25 — By great good fortune, some of their libraries have survived and are in safe keeping. One of them came from Hoi Pa Village, Tsuen Wan, and had belonged to the builder of the traditional village house there which is now a listed monument. He lived between 1865 and 1937, and after his return from Jamaica engaged in educational pursuits in a literary club and at the Luen Fong School in Hoi Pa Kwan Mun Hau. When what had survived of his library was presented to the Urban Services Department in 1982, it consisted of some 200 books of various kinds, as well as manuscript essays and poems, including some of the famed "eight-legged essays" written in preparation for the imperial examination; all providing valuable documentation for the educational, social and intellectual activities of their period. South China Morning Post, 26 May 1982. See also the Chinese press of that date. 16 What Francis C.M. Wei calls the operation of the principle of retributive justice" featured prominently in Chinese stories. See his The Spirit of Chinese Culture (Charles Scribner's Sons, 1947), p. 151. See also Yao Chin-nung, "The Theme and Structure of the Yuan Drama", in Tien Hsia Monthly, Vol. 1, No. 4 (November 1935), p. 392.27 The Tsuen Wan experience is echoed in the fine description of what it meant to be a village boy in late 19th century Kwangtung, contained in the memoirs of a successful Hawaiian Chinese, born in a village near Macau in 1865. In them, he describes what one might call the "extra-curricular" part of education. This included the telling of traditional stories by the family elders and by itinerant minstrels and story-tellers, and through the plays performed by visiting opera troupes, as well as in literary pastimes: Chung Kun Ai, My Seventy Nine Years in Hawaii (1879-1958) (Hong Kong, Cosmorama Pictorial Publisher, 1960), pp. 6, 26-29. 28 Francis C.M. Wei, The Spirit of Chinese Culture (New York, Charles Scribner's Sons, 1947) p. 149. 24 For the former, see the chapter "Symbol and Tradition" between pp. 50-75 of Ronald ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1990 https://digitalrepository.lib.hku.hk/catalog/d79206299 110 J onto up from Shanghai to relieve them. In this way he wished to show the Japanese that the British flag could not be driven off the Yangtze. But other ideas prevailed in Shanghai; the ships were ordered out. I was instructed to transfer my Chinese refugees, the employees from our office and their families, numbering some 200 souls, to the "Ewo" hulk, which was to be left anchored at Nanking under the protection of a British gunboat. Curiously enough, the refugees showed extreme reluctance to be abandoned thus to an unknown fate, and in the upshot, most of them went on to Shanghai with the ship. Our flotilla was augmented by the arrival of the light cruiser **Caradoc** from Hankow, where she had been wintering. Her 'tween decks were packed with several hundred British women and children, who were being evacuated from the upriver ports. A small ship flying the Italian flag added to our number; she was believed to be carrying the personnel of the Italian Aviation Mission, who had been training Chinese pilots at Nanchang. Led by a Japanese escorting destroyer, followed by H.M.S. "Caradoc", we formed line and sailed down the river, the journey enlivened by the anger of the Japanese Commander at the inability of the master of the Italian ship to understand the signals which, from time to time, he made in the International code. With our convoy went the last merchant ships to show the British flag on the Yangtze. The "Red Duster" was displaced; henceforth the Japanese view prevailed. Hong Kong and South China 1938 The West river and its network of tributaries provide the highways over which the commerce of South China moves. Some distance outside Bocca Tigris, where the river debouches into the China Sea, an eleven-mile ridge of hills rises sharply out of the blue semi-tropical waters. We call it Hongkong, but to the Chinese it is "The Fragrant Lagoon". Why "fragrant" I cannot say, because the surrounding waters are salt, as any sea water, and full of large diaphanous jelly-fish that lie in wait to sting unwary swimmers, or of little black insects which get inside your bathing costume and bite you in places inconvenient to reach. There is no record to show how these marine depredators spent their time before 1840. In those days, before the arrival of the British, the island was uninhabited and, though visited by fisher folk and pirates, I doubt whether they went swimming. The pirates have now ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1995 https://digitalrepository.lib.hku.hk/catalog/95941j25g 39 Civil Code (see also Committee Report 2953. pp. 193 and 251) In the matter of the state of YOUNG SING, YOUNG LING SHI & 2 OTHERS vs YOUNG HONG NING (unreported) the original record was destroyed during the Japanese occupation but a contemporary newspaper report is to be found in the South China Morning Post of the 2nd, 3rd and 4th July 1940. 12. I am indebted to the Secretariat for Chinese Affairs for giving me permission to peruse their files on the subject (particularly SCA3/251/51 and SCA2/351/54). PR File SCA2/351/54 Wilson's Notes Wilson's Notes, 61; Van der Valk, op. cit. p. 76 where this custom is described under the title of "T'ung-yang-hsi". Morris, Hong Kong and Malaya, E.T.M.S.O. 1937, p. 14, for the custom generally see Burkhardt, op. cit., Vol. 1, p. 173. Hvide Committee Report Appendix IV, p. 120 and Chap. I, para. 13 but in Ping Shan Land Case No. 24 of 1954, JANG LAP TEUNG vs TO SHU KAN (unreported) the Assistant Land Officer (Mr. B.D. Wilson), in the absence of proof that perpetual leases could be made under Chinese custom relied upon the English Rule against Perpetuities. (This case was the subject of Civil Appeal No. 24 of 1954 TO SHU KAN vs. JANG LI YAU TSO (unreported) but Reynolds, J. held that he had no jurisdiction to hear and determine the appeal). 19 (1949) HKLR 58. 1 Wilson's Notes; Gompertz, op. cit. para. 16 and compare Jamieson, Chinese Family and Commercial Law, Shanghai 1921, pp. 30-31. TM Committee Report, 1953, Chap. V, para. 400 at p. 54. * Now Cap. 30, and see Committee Report, 1953, Chap. II, para. 17 at p. 9. De Wilson's Notes. Committee Report, 1953, Appendix IV, p. 120 and Chap. II, para. 13, after Williams, Ag. C.J. in Civil Appeal No. 16 of 1947, CHEUNG SAU TIM vs CHEUNG YUI LAM, (1948) 32 HKLR 1, at p. 6. This statement is from Wilson's Notes. T'ung-yang-hsi = a wife married when both parties were previously unmarried. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1999 https://digitalrepository.lib.hku.hk/catalog/s178b887x CONTRIBUTORS Philip J. Aston, Ph.D., is a Senior Lecturer in the Department of Mathematics and Statistics at the University of Surrey, UK. His research interests are in bifurcation theory and chaos. Code-breaking has been only an interesting sideline. (p.aston@mcs.surrey.ac.uk). Patrick H Hase, BA, Ph.D., is a long-standing Member of Council of RASHKB and currently the Hon. Editor (Books). He is a noted scholar and Hong Kong historian and has written prolifically on the subject (phhase@hkusua.hku.hk). James Hayes, Ph.D., D.Litt. (Hon.), is a Past-president of RASHKB. He is a noted scholar and Hong Kong historian, and has written several books, the most recent being Friends and Teachers: Hong Kong and its People, 1953-87. He has contributed prolifically to the Journal (mouseh@one.net.au). Lawrence Lai, is an Associate Professor with the Department of Real Estate and Construction, University of Hong Kong (wclai@hkusua.hku.hk). Crystal Tang, is an active member of RASHKB (crystal.tang@dfait-maeci.gc.ca). Nicholas Tapp, has a Ph.D. in Anthropology from the School of Oriental and Asian Studies (1988). He lectured in Anthropology at the Chinese University of Hong Kong from 1989 to 1992 and then at Edinburgh University for five years. He is currently Senior Fellow, Acting Head, Department of Anthropology, Australian National University, Canberra. His main publications are; Sovereignty and Rebellion: the White Hmong of Northern Thailand; (co-ed. with Chien Chiao) Ethnicity and Ethnic Groups in China; and (forthcoming) Context and the Imaginary: the Hmong of China. He has researched extensively on Hmong society in Thailand, Laos, Vietnam, and China (ntapp@coombs.anu.edu.au). Dan Waters, M.Phil., Ph.D., is a retired Assistant Director of Education of the Hong Kong Government. He is a long-time council member of HKBRAS and has been President since 1997. He has written ix ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1999 https://digitalrepository.lib.hku.hk/catalog/s178b887x 129 not be ignored by those who follow the steps of experts in military studies; people such as J.A. English and Gudmundsson (1994), Ponting (1995) or van Creveld (1982). Acknowledgements The author wishes to thank Rev. Fr. Anthony Farren SJ for his comments on the draft of this manuscript. The author is also indebted to Rev. Fr. John Coghlan SJ for providing him access to the publications of Ricci Hall, University of Hong Kong. All faults are the author's. REFERENCES *Aldrich, Richard J. The Key to the South: Britain, the United States and Thailand during the Approach of the Pacific War, 1929-1942, Oxford, Oxford University Press, 1993. *Arbeitskreis für Wehrforschung. Decisive Battles of World War II-The German View, Chinese translation by Star Light Publishing, Taipei 1994. (Chinese publication) Cameron, N. Hong Kong: the Cultural Pearl, Hong Kong, Oxford University Press, 1978. Bell, C.M., “‘Our Most Exposed Outpost': Hong Kong and British Far Eastern Strategy, 1921-1941,” The Journal of Military History, Vol. 60, Issue I (January, 1996): 61-88. Blackburn, A.D., "Hong Kong: December 1941 - July 1942,” Journal of the Hong Kong Branch of the Royal Asiatic Society, Vol. 29, 1989, pp.77-93. Birch, A. and Cole, M. Captive Christmas: the Battle of Hong Kong, December 1941, Hong Kong: Heinemann Asia, 1979. Bruce, P. Second to None: the Story of the Hong Kong Volunteers, Hong Kong, Oxford University Press, 1991. Bruce, P. "Hong Kong Military History Notes," Nos. 1 (May 1985) to 7 (October 1987), unpublished mimeographs. Page 165 Page 166 ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2000 https://digitalrepository.lib.hku.hk/catalog/nk328168n 2 this paper to examine the role of tea in relation to opium and the resulting conflict. For tea, too, was an addiction of sorts, though perhaps without all the deleterious effects of opium. Tea and the Chinese The origin of tea is hidden in the remote mists of antiquity and more than enough theories of its discovery exist, mostly legendary. One date keeps cropping up - 2737BC - the legendary year that attempts to pinpoint the discovery, and attribute it to the Chinese emperor Shen Nung, the Divine Healer. Like many great discoveries, it was reputedly made by chance. Shen Nung, concerned about hygiene, used to boil his water for drinking. One day, while boiling water, a gust of wind blew leaves from a branch burning under the pot into the water. A marvellous aroma overtook Shen Nung. The branches came from a tree whose formal name today is Camellia sinensis. While other theories may claim a different origin (a Buddhist connection has been suggested), no one questions that tea as an industry began in China. Did the plant originate in China? Chinese sources claim that the tea tree is indigenous to Hunan Province, in Southwest China, where it grew wild in the mountains, where no other plant could grow. Cultivation of tea, however, appears to have begun around 350AD along the Yangtze River, in Sichuan Province, spreading to Yunnan and through southwest China into the central provinces. By the 5th century AD, tea had joined other products as a popular article of trade. It is not surprising, therefore, that tea's excellent qualities were known to the Chinese since early times, and that drinking tea as a pleasurable pastime had spread throughout the country. A brief attempt to tax tea, in 780 AD, was met with wide public outcry and had to be rescinded. This was also the year in which the first book on tea was published - an important milestone in its history. It was a monumental work in which the author Lu Yu of the Tang Dynasty dealt with tea in detail and from every possible aspect. One can only wonder at Lu Yu's deepest knowledge of the subject. His description of various shapes of different leaves verges on poetical. He described the code of conduct in relation to tea, from which the Japanese had probably derived their tea ceremony, and which in China had evolved into a social custom bordering on ritual. Some would assert that after the conquest of the Songs, at the end of the 13th century, the Tangs' romance of tea disappeared and tea ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2001 https://digitalrepository.lib.hku.hk/catalog/zg651950g Göran Aijmer, is Professor Emeritus of Social Anthropology at the University of Gothenburg, Sweden, and is currently associated with the Gothenburg Research Institute of the University. His research focuses on symbolic expression and articulation in fields such as politics, economy and religion. His regional projects have concerned southern China, Southeast Asia and Melanesia. He has worked in many universities, more recently in the Research School of Asian and Pacific Studies, Australian National University, Canberra, École des hautes études en sciences sociales, Paris, and the Sainsbury Research Unit, University of East Anglia, Norwich. His recent monographs are Ritual Dramas in the Duke of York Islands: Cantonese Society in a Time of Change (with Virgil K.Y. Ho) and New Year Celebrations in Central China in Late Imperial Times. Together with Jon Abbink, he has also edited Meanings of Violence (goran.aijmer@newyork.com). Sir David Akers-Jones, K.B.E., C.M.G., J.P., was a founding member of the reconstituted HKBRAS in 1960 and a former Chief Secretary of the Hong Kong Government. He is a noted sinophile (akersjon@pacific.net.hk). A.C. Bromfield, is an active member of HKBRAS. Chiu Hang Shi, is an active member of HKBRAS. Richard Garrett, M.A.(Cantab), C.Eng., F.I.C.E., F.I.Struct.E., F.H.K.I.E., is a director of an international firm of consulting engineers and has lived in Hong Kong since 1973. He has been a collector of antique arms and a member of the Arms and Armour Society of the U.K. for over 30 years. He has published a number of articles on the subject of early firearms. Valery Garrett, B.A., Post Grad. Dip. Des., is a Hon. Research Fellow at the Centre of Asian Studies, University of Hong Kong, and the author of six books on traditional Chinese clothing. She is a Council Member of the Royal Asiatic Society (vgarrett@hkucc.hku.hk). César Guillén-Nuñez, M.Phil., is a specialist in colonial Spanish and Portuguese art. He has degrees in the History of Art from the Courtauld Institute of Art, the University of Pennsylvania and University College, London. He is presently a research fellow at the Macau Ricci Institute (cgnunes@yahoo.com). Fr. Dr. Louis Ha, Ph.D., is the Archivist of the Catholic Diocesan archives and Chairman of the Hong Kong Archives Society. His Ph.D. was entitled The Foundation of the Catholic Mission in HK 1841-1894. Peter Halliday, M.A., Ph.D., is a former assistant commissioner of the Hong Kong xi ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2001 https://digitalrepository.lib.hku.hk/catalog/zg651950g 200 to be shown whilst in the vicinity of his head office. Government and other official visitors have to observe a certain dress code - a white shawl has to be draped over the shoulder for male visitors, and a colourful shoulder band for females. We were not allowed past the guard at the beginning of the entrance path, but even so I was asked to take my hat off (one of the very few times that I did). The Tashichho Dzong is ginormous, and driving straight up to the front door, so to speak, does not give one the opportunity of seeing it in proper perspective. Therefore, we drove up a nearby hill to a vantage point (covered, as most are in Bhutan, by flapping colourful prayer flags) from where we could appreciate how the building dominates its setting. As soon as this had been appreciated, and photographs taken to prove it, once more it was 'all aboard.' No organised tourist trail is complete without a visit to a local industry. Ours was the Jungshi Handmade Paper Factory. Here, in a building about the size of a double garage, half a dozen people were making excellent quality paper from the roots of the daphne plant. I often find myself amazed by the course of human progress. I mean, how on earth, with the thousands of species available in Bhutan, did they find this particular plant, mash up its roots with water, spread the mush on a bamboo sushi roller, dry it and say: 'Do you know, I think I have found a way of making paper!' Spreading the word There was an awful lot of paper at our next port of call - the National Library. We had an appointment for 11:00 a.m. to meet the Director, but it turned out that he was busy with a previous visitor. Would we please wait for 20 minutes? Our energetic tour leader is not a man to wait and so the time was usefully filled by visiting the nearby Folk Heritage Museum. This was rather nicely done, being set in a typical farmhouse and containing examples of every sort of rural implement and artefact - perhaps more than had ever before graced the insides of any one farmer's dwelling. His other business by now done, Mynak Rinpoche Tulku, the Director of the National Library of Bhutan, was ready to receive us and he looked every inch the Director. Resplendent in his go he greeted ================================================================================