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General Managers
THE HONGKONG TELEGRAPH. WEDNESDAY, JANUARY 14,
NEW CIVIL CODE FOR CHINA.
HON. MR. FO0 PING-SHEUNG AT ROTARY MEETING.
WOMEN'S RIGHTS.
ROYAL BEREAVEMENT. NEW CAR PARK FOR
MESSAGE FROM HONGKONG ACKNOWLEDGED.
The following telegram has been received by His Excellency the Governor from. the Secretary of Stato for the Colonies:
RACE FANS. ·
ACCOMMODATION FOR TWO
HUNDRED VEHICLE.
To cope with the enormous-in- crease in vehlenlar traffic In tho "I have it in command from Happy Valley district during the His Majesty to convey to you annual and extra race meetings, the and His subjects in the Colony authorities have commenced work of Hongkong His grateful appre-on a huge space of ground on elation of their message of Morrison Hill which is being con- sympathy to Their Majesties and verted into a stand for motor cara. the
In Royal Family
their bereavement."
An address on the Codification of China's Civil Code was deliver. ed by Mr. Foo Ping-aheung at the weekly iffin of the Hongkong Rotary Club, which was held at Messrs. Lane Crawford's restau rant yesterday, under the Chair- manahfo of Sir William Hornell.
After the Chairman had intro but I may say a few words about duced the Hon. Mr. Foo. heits nature.
Our into leader, Dr. spoke au follows:
Sun Yat-sen, has, on several occasions, brought out the point that the old Chinese conception of law was already ahead of that of the western legista. Occidental
I have chosen the Chinese Civil Code 48 my subject, not only because I have been cracking my brain over it for the last two
years,
Formerly private motor care were left in all manner of placca where there was sufficient room for vehi cles to be parked without Interfor- ence with traffic and in many chaca owners have been greatly incon- venienced in not knowing where their chauffeurs had taken their cars, but with an authorised park- ing stand owners will be able to locate their vehicles without dif essentially in. ficulty.
js
There is to be amplo accommoda- tina
an the new stand which being laid out on the South East corner of Morrison Hill onposite the Civil Service Cricket Club and expected that space for some two hundred vehicles will be pro- vidled. During race meetings or other functions at the Valley European police offleer will be sta Honed at the stand to supervise the aateparking and also to pfford protec- deliberatation against petty thefis.
legislation not only because, by its promulgation. our Government dividualistie; it is intended to has performed its obligation to protect the rights of the in several foreign Powers, but be- dividual and to let them freely. esuse its promulgation has open- develop. The traditional Chinese
the contrary, ed up a new era in Chinese legal legislation, on
the familiar. It serves as history, and
It subordinates the Interesting study in our activities of the Individual to the mout social development which has interests of his family. The new followed the opening of our Chinese legislation, based on the country and the introduction of three principles, racial, democratie western ideas. I may safely say and economic, is going
further and chan n that the East and the West, the
social character. Our party con- past and the present, meet in this
With this provision made by the siders men not as self contained authorities, the Hongkong Jockey Code.
entities, but in relation to the
Club or the Hongkong Automobile which they form. It Association might show some enter- unelety assigns to them rights and dulles
arise by installing a telephone on only in so far as the exercise of
the stand and at the Jockey Club for the use of members to summon such rights and duties tends to pacific and orderly progress of their cars from the stand. the community. It restricts their netivities when they would harmful to the group.
endification China began her work as far back as 1904. While and A very good criminal code
been several other laws have promulgated, the Civil Code was This found to be too dileult. was because our social order was
much different from that of the Occident, and any Rocin change by force when the time is not. ripe, is bound to failure.
10
Soell Condition.
Le
Three Principles Adopted.
We have adopteil, therefore, three principles which we have followed throughout our whole Code. They are (1) restrictions on the exercise of rights, (2) the
principle of humanity, L.,
the protection as far as possible, of the weaker party and (3) the equality of sex.
With regard to the first tr restricting the Principle, exorcise of rights, we have л whole chapter with seven articles In lock orie, provisions in chapter two of Book three dealing with
The social condition i75 1904 had not been sufficiently develen. rd to such a stage as to be able
admit
fundamental Any chinners. Nor was the time ripe in 1914. That is why my Into uncle and venerable chief. Dr. W Ting-fang, and my inter. nationally-known learned friend. Dr. Wang Chung-hul, had failed to produce a Civil Code for us. Conditions have changed, and changed rapidly, during the last ten gears, and, when the Legislawnership, and several other pro- tive Yuan was formed three years ago, the time was found to be ripe. A special Commission wha appointed by the Government and the whole Code was finished and promulgated last month.
Five Code Books.
The role is divided into five books:--Book one is on General Principles and was promulgated an May 23rd, 1929. to come into Teres on October 10 of the same year. It contains 162 articles dealing with the general parts of the code such as (3) application and interpretation of law, (2) (3) juristic sets (4) persons, Extinctive prescriptions (6) exercise of rights.
and is
two
visions.
The application of Our Recond principle is much more frequent. In fact it is to be found through. out the whole Code. However, I may point out few here:
In articles 203 to 207, the legal rate and maximun rate of Interests have been fixed. Article 218 provides that (on payment of damages) when the injury was
cansed not
intentionally,
through gross negligence. If its reparation would seriously affect the means of livelihood of the person responsible for it. Court may reduce the amount of the damages,
the
Our provisions in Book two dealing with lease, protects more the interesta of the lessee.
of the
Hook two is on obligations, and Similarly, our provisions dealing was promulgated on November 21, with the hire of services, protects employee. 1929, to cume Into force on May the interests 6, 1930. It contains 604 articles Between the editor and the author,
subdivided into
our provisions are much more in favour of the author. The holder chapters. The first in on general
of yung tien is well protected by provisions dealing with Our Chapter four in book three. objects, effects of obligations, plurality of creditors and debtara, and transfer and exclnction of obligations. The second Is particular kind of obligations, with sales. exchange.
dealing
on
ed to draft It, as more than 40- 000,000 Chinese would he study- Ing it every day. Also, they know that ther had to make laws for the purpose of governing the Ifa of 400,000,000 everyday people. In consentence, they had
1 taken unusual pains over the work. As to the last two books, they would probably be in force by October 10, 1931.
Lawyers to Study Anew, Answering a question with re- gard to the legal profession, the speaker explained that the mem- bers of the legal profession would have to study the new code as it would իր applied In, Chinese Courts,
In other words they would have to study Chinese Inw The profession would And anew, Partnin executive Inwa, but the Government was thinking of re- forming such things as the con- stitution of the fourts, No doubt certain reformation would have to be undertaken although no decision had yet been rench- ed on, the point.
In reply to a question
A to whether the Cade was based on any other Code, and it it would
he
forged in all Courts through- ant Ching or only in the ormanland Courts, the Han. Mr. Foo said it would be analfenble to all Courts of China. The core was воге or less taken from the German and Janafiese codes because China favoured the continental aystem, Ther had adopted the renera!
Gorman style but actually they differed in many respects beentine' the German code left practically nothing to the discretion of the Judge,
Land System.
He continued that, In the third book, they had been unable to take anything from foreign codes be- cause the land system in China was peculiar to China, and it Would not have been safe to make fundamental changes. They had found that some old Chinese customs were much fairer and
As to the third principle, that of equality of sex, we have given to our fair sex. every right and privilege that the atronger sex have enjoyed, and this is no current account, gift, lense, loan, easy task for us, in the Civil Codification Commission who have hire of services, hire of work.
to work out the details, especial. publication, mandate, manager and commercial agents, brokerage, ly in our family and Inheritance they had retained many such commission agency, deposit, ware-
Inw. We congratulate ourselves, however, that our family and housing, carriage of goods, carriage of passengers, forwarding inheritance laws have met with agency. partnership. sleeping the general approval of our fair partnership, orders of payment, sex, and as you know, to plenae obligations to bearer, life in. Indies is the hardest task in this
forests, compromise and surety- ship..
Book Three.
Book three is on rights over things and was promulgated on November 30 to come into force at the same time as Book two, that is to any on May 6, 1930, It con- tains 210 articles dealing with ownership, superficies, yung tien, servitudes, mortgages, pledges, lion, right of retention and
possession..
Rook four is on family and wan promulgated on the 26th of last month. It contains 171. articles dealing boaldės.general nrovisions with marriage. · parenta, and children, guardianship, malaten- ance, house and family council.
Book five in on inheritance and was promulgated on the 26th of month. It contains 88 articles and deals with hairs to property, succession to property and Wills.
The scope of the code has been enlarged to make it a civil and commercial cade. while having separate laws for negotiable in atramenta, Insurance, commercial companies and maritime law.
Substance of the Code.
I have no time to-day to deal with the substance of the Coda,
world.
Early Legal History.
The Chairman asked the speaker if he would tell the gathering what Code was in existence before the revolution, and what steps were being taken to put the new Code Into use; also whether it WRA NOW" zenerally adapted In
Chinese Courts,
the earlier codes in the Tang In reply, Mr. Foo referred to Dynasty, the Sang Dynasty and
|
cuatoma.
Dealing with
a query as to whether the code provided for registration of births and deaths, the Hon. Mr. Foo said that re- gistration was one of China's most difficult problems. It was, he said, almost impossible to set up a registration office in every district in China at the present time. It was the work of tho administration and a special law had been drafted regarding the registration question.
The thanks of Rotarians wore expressed to the Hon. Mr. Foo by the Hon. Mr. W. E. L. Shenton, been most interesting and it was who said that the address had regrettable that the speaker had
the Ching dynasty. At the end not had more time in which to of the Ching Dynasty, he said, a go into the now code in more de criminal code was, drafted by tall. well-known Chinese lawyers such The Chairman announced that as the late Dr. Wa Ting-fank. at the Club's next meeting on From 1001, the law which was Tuesday, Dame Ciara Butt and Applied in Chinoge сляся, wan | Mr. Kennerley Rumford would be more or less that of the Sung among the guests. code. being based
the upon decisions of the Supreme Court at that time. Those decisions were given on Western law principles.
The speaker explained that the codifcation was not a new thing for China as the new Chinese legal knowledge was introduced from 1904. He stated that when the Commission started their work they had to refer a good deal to their Supreme Court decisions.
Speaking as enforcement of the Code, he said that the Com- mission were aware of the re-e sponsibility when they were sak-
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