The Archive · 1927

Evils of Constant Changes

The evils of changing the Chief JSudge of the Provisional Court every few months are three:—(2) When the exceutivd can al-[ways interfere with the administra tion of the court it impairs its authority.

(2) When the chief judge can be arbitrarily dismissed all the other judges would feel the same insecure ity and would not dare to give partial and independent judgments.

(3) When the judges have a short form of office it will be impossible to train up mature and experienced judges.

We are not preferring any parti-Jeular individual to another, but the proposed change appears to us to be a mockery of the cardinal principal universally observed in eivilizfed countries that the judiclany Jshouht be independent and the judges should not be dismissed at! twill of the executive authorties.

The Provisional Court Experiment it mot that our national aspiration is the disappearance of consular jurisdiction? Is not what foreigners want us to do to re form our administration of justice. 'Why not let us make n beginning. here in Shanghai? When we have well trained men as judges, when Judges can make their own' decis-fons, when their tenure of office secure, the reform will be half" accomplished and foreigners will willingly give up their extraterritorini rights. The experiment of the Provisional Court is therefore very: important for the eventual abolition of consular jurisdiction. Those Jwho have the power of appointing Jand removing judges should al-}ways bear this object in mind and eave political and administrative Jexpediency for the time being in tae. background, this is the way to better China's position as an independent and. Jequal unit im the family of nations despite the treaties. changing' political life the law must Official Notification Sent to the be maintained as permanent and unchangeable, in ender that the Provisional Court maxim "all men are equal in. the Shanghai, Oct. 21. eyes of the law" may be realized and the reign of the supremacy of The notice informing the Provi-the law may be established. sional Court of Judge Loo Hsing The Shanghai Provisional Court ]yuan's dismissal has been received at reported to be about to change the Provisional Court. At the same ts Chief Judge. Wo do not pro-time, a notification has been sent pose to raise the question of Mr. from the Bureau of Foreign Affairs Loo's qualifications as a judge, nor Jannouneing the appointment of Miss do we wish to know about Miss JSoumay Tehenge to the Presidency. Cheng's qualifications, but the rea-It ie understood that the principal son for the dismissal of Mr. Loo opposition to Judge Loo came from is eaid to be his Iaxnoss in do-General Pei Chung-hsi, who is ing things for the government.

Defence Commissioner at' Shanghai. Surely the daty of a judge lies not It has not yet been announced when in his being a eatspaw of the ex-[Miss 'Tcheng will assume office or ecutive government but in his ability whether the protest made to Judge to administer justice impartially. Loo' dismissal by the Consular]

Tt is when his integrity is question-

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