The Archive · 1877

CHINESE JUSTICE

Ir Chinese administration is in general a thing productive of fear rather than profit to those unfortunately subjected to it, it sometimes has ita comic aspect; and a notable instance was afforded in the Mixed Court last week. It seems strange, in our view of mattére, that no provision should be made for the disposition of fees or fines in what purports to be a Court of Justice; and from the instance in- point we can reason whatis not done in China generally with such windfalls as dropped into the Mixed Court on last Wednesday. We are not going to find fault with the sentence of the Court, It was, from a Chinese point of view, essentially a just one. We ourselves know, from the experience of gambling in Hongkong, the hold that games of hazard have on the Chinese, and the necessity of putting down with a high hand all such associations as the one so suddenly disturbed in the Woohoo Road. Yet, with all, there was something ludicrous in the manner of inflicting the fines. We ourselves should be taken aback at a colloquy between a prisoner and a magistrate as to the sentence to be delivered in the Court the nearest attempt to it having occurred a few months ago in London, when the prisoner gravely pointed out to the presiding magistrate that the punishment he was about to inflict for a misdemeanour was, according to a recent Act of Parliament, technically wrong, Doubtless, His Honour at the Court the other day was delighted to have caught in his net such a big fish as the Chebsien's chief ranner, and felt himself lifted up with pride accordingly. The sentence, heavy as it was, fine of $800, was we believe cone sidered on the other band as a cheap let off; and when the runner's friends came a few hours afterwards with the required amount, their countenances, on receiving him back again, showed that a load of anxiety bad been taken off their minds. But, leaving the comic aspect of the matter to one side, it really throws light on the manner in which public business is conducted, which should not be lost as a warning. So far as the part taken by the magistrate himself goes, we have nothing but commendation to offer; but how many magistrates would have acted in the matter as Chen has done? Were it not for the publicity given to the affaire of the Mixed Court by the presence of a Press in Shanghai, is it likely that even there the infliction of punishment would have been turned to so useful an end? And, in the thousands of yamens which crowd the Empire of China, how many besides are there, where justice is administered in the sight of the public? Very few! The Magistrate's caprice is the sole law, and the endurance of the people the only check. When we look 8 little deeper into the matter, our misgivings are still further aroused. The chief delinquent is a trasted officer of the Chehsien, and one of his official duties is to seo that no gambling houses are permitted within his district. yet fine. him, unabashed, tuking an motive pars in a crime, regarding the

Text read from the printed page and cleaned; old type leaves the occasional error.

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