August 21, 1905.]
JAPAN AS A NATIONAL EXAMPLE
T
1
CHINA OVERLAND TRADE REPORT.
Any change likely to be of permanent advantage in Russia would of necessity have to be of a gradual character; and would have to be specially adapted to the wants of that country. The less an attempt is made to borrow n 7
UC the institutions of other nations, the more prospect will there be of ultimate success.
This principle applies as much to China as it does to Russia. There has been an idea that the Chinese would make some great advance through following in the wake of Japan; but it must be borne in
mind that the conditions of the two
SUPREME COURT.
Friday. 11th August.
(Daily Press, 19th August). It would perhaps be difficult to find a better illustration of the truth of the saying that nothing succeeds like success than in the somewhat extreme admiration for everything Japanese, which has of late become the fashion in Europe. While fully recognising the credit that is due to Japan for the wonderful progress which she has made in the arts both of peace and of war, we may still have some doubt as to whether there may not be a tendency to overrate the results that have been attained countries have always been essentially and to hastily conclude that the Japanese different. This fact is not likely to bel can be taken as a model of what should be overlooked by the Chinese, who are slow done by all other nations. So far has. this to admit that any nation in the world can disposition gone, that we find a well in-teach them, and who will be careful how formed political writer suggesting that the far they allow the Japanese to influence Russian Government would do well to them, though of late there is evidence of adopt the Constitution of Japan, as that their being disposed to learn lessons from most suitable for securing the greatest liberty their successful neighbour, which they have ef the people combined with the fullest always been too opinionated to accept from central authority What, howeyer, may do European sources. By degrees they may very well for Japan, may not prove find the meaus of some kind of reform upon suitable in Russia; and it may be taken as the corrupt and inefficient government certain that that country is not likely to which has existed for so long ; but this will make any attempt at improving the internal probably be done rather by effecting administration upon Japanese lines, individual reforms in special directions, especially as the most salutary principle than by adopting any sudden or violent of the existing Japanese system is the change. In this, the Japanese can afford degree of liberty which it accords to the them valuable instruction, and, as friendly individual-which is such as it is hardly relations are likely to prevail between the likely, or indeed desirable, should he
two countries, it is not too much to hope accorded in Russia. There is nothing in!
that the leven of progress which has affected which it is a greater mistake to adopt any Japan, may by degrees spread to China; existing system without qualification than but at best we may he sure this will only in respect to political Constitutions; and be the work of time. it may be hoped that the Russian: will be better advised than to attempt to improve the internal state of the country by adopt- ing wholesale the institutions either of Japan or of any other nation. There is, indeed, only one direction in which they can with confidence follow Japan. and that is the careful avoidance of this particular error. Where the Japanese have most conspicuously displayel their ability as statesmen has been in declining to believe exclusively in any one principle of govern. ment as a sine quo non or as a universal panacea. While admiring the free institu- tions of Great Britain and America they have been careful to take from them only so much as is clearly suitable to the circum. stances and the peculiarities of their own country; and have thus been able to frame a constitution which is in accordance with their actual political wants.
They have begun with the facts and then sought out, from the best sources, the principles which would best apply to them, and, by acting upon this practical basis, have arrived at results which promise to be permanently satisfactory. It is, however, open to very grave doubt whether, if she were likely to do so, Russia would derive any similar advantage from following in the wake of Japan, and adopting from her anything ready-made in the form of a constitution. The two countries are essentially different in regard to the most important factor of government, namely centralisation. Japan is territorially small and self-contained; and with a nation so situated it is naturally far casier to maintain central authority than in one widely diffused as is the case with Russia. The degree to which the central authority in any given country cau be main- tained is a very important factor in respect to the amount of local and individual liberty that can safely be accorded; and any mistake on this point is certain to lead to serious results, even though the constitu- tion that is adopted appear in every way Mr. Barlow-I would next ask for a receiv- desirable upon merely abstract grounds.ing order on what is before Your Lordship.
IN BANKRUPTCY.
BEFORE SIR F. T. PIGGOTT CHIEF JUSTICE).
RE THE CHING HOP FIRM.
cent on
Mr. Goldring (of Messrs. Brutton, Hett and Goldring) appeared in this consolidated action He applied under on behalf of the debtors. section 13. sub-section of the Bankruptcy Ordinance. that the scheme of composition arranged be approved, The creditors had the to accept agre d amount of their respective debts in three equal instalments. Payment of that amount was guaranteed by Yuon Chan Sing, master of the Wan Tai shop, and the arrangement was considered satisfactory by the creditors. He asked His Lordship to approve the scheme, as
per
the solicitors representing the other creditors concurred.
113
Mr. Gedge-I appear for the Opium Farmers, the only creditors as far as we know, to oppose a receiving order being made. The declara- tions of Seal on Look and Tan Swee Kee, filed; amount of $243,000 at various places, but all in support, show that debtor has assets to the
outside the jurisdiction of this honourable - court. My friend and his client, the debtor, aro relying to get a receiving order on the assets of these firms, but they must first bring them within the jurisdiction of this court.
His Lordship referred Mr. Gedge to section 118 of the English Bankruptcy Act, and asked him whether he did not consider, in view ́ of a receiving order being made, that the Singapore authorities would help him to recover. the money;
Mr. Gedge-That Act may work in England, but we are in Hongkong.
His Lordship-But that section applies, as it says, to any British court elsewhere, and it seems to me that the best thing you can do is to allow a receiving order to be made.
Mr. Gedge-We do not mind the receiving order. My Lord, so long as the man is kept in gaol. We want his assets brought within the Jurisdiction of this court.
His Lordship-If there is no money within the jurisdiction of this court there is a great 118 it is possible to get hold of that money. deal outside, and I suggest that under section
Mr. Gedge-That section is not in force in this Colony, and it does not say anything about the courts in the Straits Settlements helping the court here.
His Lordship -The court in the Straits Settlements is a British court, and the section says that a British court shall help others elsewhere. If a receiving order is made I can request the Singapore court to act in aid of
this court.
Mr. Gedge-If Your Lordship will excuse my saying so, if the man is kept in gaol the
whole matter will be settled in a week.
His Lordship-I cannot consider that. Mr. Gedge-It is very hard on the creditors that the debtor, who has incurred big liabilities in this Colony, and has plenty of property outside, should refuse to bring it in.
His Lordship-That is just what I am ex- plaining. The section I referred to will enable you to get hold of that property. Why don't you enforce the Hongkong judgment in the Straits.
Mr. Gedge We are going to.
His Lordship-I think the matter bad better stand over till next week. That will give you. time to take advice.
Mr. Barlow-This is all very interesting, but my friend omitted to mention that they have issued a writ in Singapore, and that they are almost certain of getting an interim attachment until judgment. My friend should consent to
this order.
His Lordship-The best thing for your friend would be to get all the debtor's properties to pay
his debts.
Mr. Barlow-But there is not sufficient, My Lord. His debts are something like $300,000. My friend's main objection to the application is that the debtor has no property here, but if the His Lordship made an order that the schema, receiving order is granted it can be communi. of composition he approved on payment of the cated to Singapore. My client's declaration expenses of the Official Receiver.
RE TAN JOO CHIN EXPARTE THE DEBTOR.
This was an application for a receiving order. Mr. Barlow-I appear in these two bank- ruptcies, Your Lordship, and have filed a notice for change of solicitors. Both bank. would my hands and I ruptcies were ask Your Lordship to make an order for con- solidation,
in
His Lordship-We will proceed with No. 33 and strike out No. 41.
Mr. Barlow-I should like to preserve my evidence in No. 41, as the debtor himself made the declaration contained therein.
His Lordship-I suppose I have power to alter the same from Tang to Tan.
Mr. Barlow I think so.
His Lordship-I first make an order as to change of solicitors and that petition No. 41 be dismissed, but that the documents attached to that petition be filed as belonging to petition No. 33, with the alteration of the name from Tang to Tan.
to Singapore shows that his assets in the colony amount to $30.000.
His Lordship-The affidavit seems to suggest that your client wants bis bankruptcy limited. to Hongkong.
Mr. Barlow-No, My Lord. Not at all. His Lordship-I am not at present prepared to make any order. In the first place the debtor must answer affidavits and file full statements, as far as possible, of his affairs. And I think, on the other side, Mr. Gedge should consider the advisability of continuing his opposition to the receiving order in reference to section 118. of the Bankruptcy Act. The case will be adjourned until next week.
:
YIK WING EXPARTE MA FAI NAM.
the
Mr. Beavis I appear for the debtor, Your Lordship, and apply for his release from gaol. As Your Lordship will remember, last Thursday at the debtor's public examination, on application of a solicitor for one of the plaintiffs, the debtor was arrested under section 24 of the Bankruptcy Ordinance. The Official Receiver represents the debtor's estate, and the plaintiffs received notice of this application through him.
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