The Archive · 1928

Judge Loo's Reply

Sm—"I have the honour to acknowledge the receipt of your letter of the Sth instant and read with appreciation the advice cou. tained therein.

"in reply, I wish to point out that, according to the existing lave of China, security is accorded to a Judicial official during his tenure of office; that is, he may not be dismissed unless he is found guilty by the Committee for the Diseiplinary Punishment of Judicial Ofcials fand that no disciplinary punishment may be inflicted unless the Ordin-lances governing the discipline for judicial officials axe applied.

"Since the Kuomintang hax recently declared that henceforth the country will be governed and ruled in accordance with law, mine is a test case, "Now the Nationalist Government has referred my case to the Dis ciplinary Committee for a judicial inquiry and has specifically ruled that, until a disciplinary panishmont shall have been found neces ary, mo successor to me shall be named. It is therefore obvious that the order of the Provincial Govern. ment to appoint Ho Shih-tsung a" my successor before any investiga. tion has been made by the Judicial Committee, is contrary previous order of the Nationalist Government and violates the principle and spirit -of the Kuo tang, which is to usher in the reign of the rule of lay.

"fy order to uphold the principle of Kuomintang and the authority: of the Nationalist Government have deemed it my duty to take the stand which T have consistently} taken, "In this connection 1 may mention that nothing is farther from my intention than to disregard the orders of the Provincial Government. I would only refer you to my last petition to the Nationalist Government in which all facts and circumstances ate y stated. As. the matter have to be decided by the Central Authorities, seems to me that intervention from any other quarter is uncalled for. have the honour to be, Sir "Your obedient servant, Loo.

Still Another Investigation connection with the dismissal of Dr. Loo Hsing-yuan, Chief Judge of the Provisional Court, the Nanking Government, according to the vernacular press, has transmitted the matter to the Judicial Officers Punishment Committee. According ly, the committee has instructed its chieh, a former judge of the Court, to the Ministry of Justice in Nan-

King, regarding Mr. Loo's recent! plea is of interes "Having learned from the press that Mr, Loo Being-yuan, president of the Shanghai Provisional Court, has addressed a letter to the Government which is based chiefly on half truths and falsehoods—particularly with reference to my connection with the Provisional Court—I am, for the sake of preserving my good reputation, making the following statement:

"Last year, about the beginning of October, I rendered a judgment in the case of Hsu, other kidnappers. Ti in accordance with the law and it was submitted to Judge Loo for his san Judge Loo consequently called a meeting of the chief divisional judges on October 5 and judgment in this case was brought up for discussion, Judge Loo remarked that the sentence I had given was too light and that it should be altered and a hea\ punishment should be inflicted it stead. I argued that, though the accused had committed the crime fas provided under article 374 of the Criminal Code, the nature of the crime was not ¢o serious and, therefore, the punishment should not be a heavy one, as suggested. Despite my explanation and emphatic protest, Judge Loo steadfastly opposed me and the alteration as proposed by him was made.

"As a result of this, I was compelled first to ask for leave of absence and finally I tendered my resignation from the Bench.

Strict Adherence to Law am, of course, not ignorant of the great commercial centre, with robbers and kidnappers and that efforts should be made to check their activities. The lay, nevertheless, must be strictly adhered to and flexibility must be exercised in. the rendering of judgments according to the nature of the crime committed. The power of rendering judgments is vested in the judges. Judge Loo opposed my rights in opt and altering the judgment which [had rendered. If he claims an understanding of the law of the judiciary, he should consider himself fat fault and to Blane in this matter.

"Regarding the charges of having declared Liv Hain-an' and other suspected robbers guiltless while there was evidence of the booty taken to prove the charge, 1 desi to state that, by virtue of the authority and privilege vested in me as a judge, I made a thorough inquiry regarding certain pawn ticket" which were introduced evidence and found that these were for articles of his own which accused Ye pawned, This accusation, there-lore, is groundless.

judge Loo also charged me with finding Abeerh guilty of illegally possessing two pistols and sentencing him to four.years imprisonment, but with failing to execute the judgment. He alleged Ma was actually sentenced to year and three months, but this is contradictory to facts. "The prison. er was actually. given the full sentence provided for by the lave, in proof of which [submit the' following document (The document follows, but it is of little interest to the reading public), "From this, it will be seen that Judge Loo has exceeded his authority and that the statements which he has made concerning me are baseless. to Shanghai to conduct an tion.

The report adds that at 10 o'clock:

ly Mr. Liang hada interview, lasting for Ing the case, Dr. Loo, when perious document

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

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