114
THE HONGKONG WEEKLY PRESS AND
MIXED COURT TROUBLES.
and infiltrating the minds of officials and people in a manner that surprises even the most ardent reformer. It indicates beyond
(Daily Press, 12th August.) doubt that the reports brought from other The Chinese Government has recently lands by Chinese Commissioners have at any refused to acquiesce in a Russian proposal rate been debated and though obstacles may for the establishment of a Mixed Court at be placed in the way of those working for Harbin, similar to the one at Shanghai, reform, there can be little doubt that the and the reason given for the refusal is that prospects of a constitution being established the Government of China is at present are not so remote as to remove them from engaged in compiling a legal code on present consideration. Even if the conten- Western lines in the hope that its adoption tion of the sceptics that the Government is will pave the way for the abolition of Con- not sincere in this proclamation be admitted, sular jurisdiction. It is to be feared that it is very evident that the Throne will not the Chinese Government scarcely realises be allowed to forget its promise. Practical- the vast amount of paving to be done before ly from every quarter of the Empire come that dream is fulfilled. Legal codes will do representations and petitions bearing on the far less than legal practice to pave the way, subject, and these show beyond dispute the and a Mixed Court working harmoniously awakening of the people. Though nominal- with the authorities of the Foreign Settle- ly the Son of Heaven and an autocrat whose ment in which it is established might be word is law, the Emperor (or the Empress), made a useful instrument and an index of as Chinese history has already proved, progress along the lines which alone can cannot afford to disregard the wishes of his prepare the way for the abolition of subjects, and that in itself is perhaps the Consular jurisdiction. At Shanghai, how- best guarantee that China will receive her ever, the Mixed Court seems to be a never- Parliament and her political freedom when-ending source of trouble. A considerable ever she is ready for it.
A hopeful sign is the announcement made in a Peking journal that constitutional bureaux are to be opened in the provinces within a year, and that all high officials are "commanded to select from the laws of different countries those best adapted to China with a view to submitting them to the Emperor." Significant as that an nouncement may be, it is surpassed in importance by the information that an edict has been issued by the Empress Dowager sanctioning the regulations drawn up by the Office of Investigation into Foreign Governments and Constitutions for the assembly which is to be created for dis- cussing State affairs in each of the twenty- one provincial capitals, so as to make pre- liminary arrangements for the establishment of a parliament for China. Besides in structing Viceroys and Governors to inf augurate the provincial assemblies within a year and so supervise the election of representatives by the people for discussing | provincial affairs the Edict orders the office named to draw up the necessary rules or the election of members of the future Houses of Parliament, and frame suggested regulations for the guidance of the Chinese Government during the next few years before the actual establishment of the proposed Parliament. In conclusion, it is stated that "the Throne will fix a definite-
date for the introduction of the important change after Their Majesties have perused the regulations and rules most carefully, as the matter concerns the future welfare of the whole Chinese Empire," The value of the change cannot be gainsaid, and all well-wishers of China will hope that the edict is not one of those to be withdrawn immediately it is published, but that it really marks an epoch in the history of Obina, and that the various reforms contemplated the building of railways, financial and legal reform in hand, the establishment of a useful army and navy and the constitution itself drafted--will eventuate in this ancient empire once again taking a place consistent with her im- portance among the nations of the world.
portion of the latest Municipal Gazette is occupied by correspondence which has recently been passing between the Chinese Magistrate of the Mixed Court, the Taotai of Shanghai, the Consular Body and the Municipal Council, and the origin of all the trouble is described by the Chairman of the Council as a desire on the part of the Taotai to interfere in matters of administration in the Settlement which are beyond his province. The Taotai's first complaint is against the foreign policeman resident at the Mixed Court being allowed to enter the prison to make inquiries of the "The women's prisoners of both sexes. prison at the Court," says the Taotai, "chiefly contains prisoners the length of whose sen- tences has been fixed by the Magistrate with the Consular Authorities, and the men's prison chiefly contains prisoners who are in debt in Chinese and foreign cases. In every instance the procedure is in accordance with the sentence and there is The Taotai's com- no injustice involved.” munication is supplemented by a petition from the merchants of official rank, who in their own words, "having been accused have the honour to be confined" in the gaol. They are, they explain spectable merchants, and although some are involved in Chinese and some in foreign cases, it is in every instance for triding reasons as to goods bought under contract and money matters, all of which do not in the least concern the police.". Whether this petition is the outcome of spontaneous action on the part of the petitioners there is nothing to show, but though this police inspection is represented as an innovation, it has, as a matter of fact, been the practice since the House of Detention was establish- ed for the Police to make inquiries from time to time as to the inmates, with a view to preventing the detention of persons who have not in the first place been charged before an Assessor, and to ensuring in each case that the direction on the charge sheet is carried out. Similar inquiries are made from time to time in the Female Cells, and the Chairman of the Municipal Council refers to a recent list of irregularities furnished to the Consular Body as ample evidence of the necessity for this course. The list in question contained a number of instances indicating that the Magistrate's statement that "in every instance the procedure is in accord- ance with the sentence and there is no
"all re-
[Angust 17, 1908.
appreciated by the better class of the native community, and beyond question makes for regularity of procedure and justice.
*
"1
The other cause of complaint was with regard to convict labour, the Magistrate objecting to criminals in the Settlement wearing chains as usual and performing hard labour in the hot air and blazing suu. This punishment, he declared, was too rigorous and in disagreement with Chinese law. A paragraph in the letter reads:-" The Magistrate has to observe that in China. punishment during judicial proceedings ceases in the summer, and in procedure as to punishable offences feelings of humanity for the people play a part. The law as thus established is most excellent." In reply to "It may this the Municipal Council say be sufficient to state that the whole system of treatment of these convicts is widely different to that commonly accorded to Chinese prisoners in the custody of their own officials, and application of the final test, that of results, will not fail to assure the Magistrate that the foreign method in vogue at the Gaol, though rigorous, is satisfactory and humane. The building and its occupants are open at all reasonable times to Mr. Pao's inspection, and the low rate of mortality, coupled with the general good health of the prisoners, should con- vince him that the system is a sound one. And the Chairman of the Council proceeds to remark that suspicion is not wanting that the Magistrate was actuated in writing the letter not by any genuine concern in the welfare of the prisoners, but rather by a desire to interfere in matters of adminis- Settlement beyond his tration in the
"ia view of the attitude province, and of the native authorities towards the question of corporal punishment, to which the present large number of prisoners is due, and in view of the recent revolting disclosures as to the condition of the Sinza Refuge, still without the benefit of foreign supervision, the Council is inclined to regard the communication in question as unbecoming and unwarranted." "The reply of the Consular Body is not yet published. It is very apparent that there is in these disputes all the elements of trouble similar to that which occurred two or three years ago when about 3,000 bluejackets had to be landed to preserve life and property in the Settlement, and it is plainly necessary, if future trouble is to be avoided, that the Consular Corps, backed by the Corps Diplo matique in Peking, should make perfectly Mixed Court the limits of their authority clear to the Chinese authorities of the and the mischievous results of meddlesome
interference.
REGISTRATION OF NATIVE PARTNERSHIPS.
(Daily Press, 13th August.) From India to China for a quarter of a century or more the need for the registration of Native partnerships has been voiced and frequently considered with a view to the enactment of legislation, but neither in India, in the Straits Settlements nor in Hongkong has any satisfactory basis for legislation yet been agreed upon, respective Governments have been obliged to let the matter remain in aboyance. Some years ago the Government of Hongkong appointed a Committee to inquire into the practicability of a measure of this nature, and evidence revealed that most divergent views were entertained by leading business men
and the
The Yokohama Specie Bank is about to extend its foreign business by the establishment of new branches. As the result of a tour of inspection in Europe, America, and India undertaken by Mr. Bekki, a director of the Yokohama Specie Bank, who returned about a fortnight ago, the injustice involved" is grievously incorrect. as to the value of such legislation. Some of bank proposes to establish branches at Rangoon, The Chairman of the Municipal Council the witnesses were strongly of opinion that an Singapore, Montreal, and Vancouver in Canada' and Seattle. Branches are also to be established added that the duty which the police are ordinance requiring the compulsory registra in Australia,
performing at the Court was generally tion of Chinese partnerships would have a
A
No comments yet.
Private notes are available after approval.