The Archive · 1930

The Outside Roads July 2%

The curious development of intensified activities on the part of the Chinese police authorities on certain municipal roads outside this Settlement is rapidly reaching what, judged by normal standards in more sophisticated would be a climax, has been, for some years past a determined agitation by the Chinese against the municipality acquiring land and laying out roads, This has led to all manner of unpleasant ne the blocking of some thoroughfares before they were completed, leading practically to their ' abandonment, sporadic attempts by the Chapei police to Police certain sections in the past, and this last attempt Saturday to establish a Chinese police station on Great Western Road. The authority of the municipality to construct roads outside the Settlement is clearly Jaid down in the land Regula-of which Article "It shall be lawful for the Land Renters, and others who may be hereinafter: meeting assembled, to purchas Iand leading or being out of the Settlement. for the purpose of converting ame into roads or public gard and places of recreation and amusement, and it shall be lawful for the Council from time to time to apply such portion of the funds raised under Article IX of the regulations, for the purchase, gardens shall Public use, and for the health, amusement and recreation of all persons residing within the Settlement."

The Land Regulations after many years of negotiation were approved by the Diplomatic Body in Peking and the Chinese Government, and on them is based the right of the Settlement authorities to use the Pate-payers' money to buy land for roads and public gardens, It has to be admitted at the outset that the Land Regulations not explicitly give the Municipality the right to police uch thoroughfares, though it has been laid down, in a judgment by Sir Skinner Turner some years ago that the municipal Bye-laws do apply on such roads and inferentially it would seem to follow that, policing by the Settlement authorities was contemplated by all parties. certainly was by both the Chinese. and the Settlement authorities and if even there were nothing but user to be pleaded in favour of an arrangement which has existed now for many years, it should surely be eufficient in the elroumstances.

That right of user is almost as old as the Settlement itself, for in 1856 Park Lane and Mission Road had been extended beyond the then western boundary of Barrier Road, and the Land Regulations now existing may be taken as documentary confirma: tion of something which existed in practice from the earliest days of the foreigner in Shang hai, It is upon such a basis that Shanghai has spread westwards during the last few years with such rapidity that millions of taels have been invested in land and buildings. It is because of the security which it was believed. was given that so many have gone beyond the limits of Settlement for their repidences. It is now common talk, that proceeding from the untenable contention that the municipality had no right to lay the roads, the Chinese authorities intend to take over the policing of such roads, and have in fact. made, an overt act towards doing so by the establishment of a police station on Great Western Road, a part of which they were actually policing on Saturday and Sunday. It is further, an open secret that other acts have been performed or are in contemplation equally caleu-Jated to impair the integrity of the municipality's holding in the thoroughfares in question.

The problem is not new. - It has been an issue occupying the attention of Shanghai for at least four years in its present form. There is, however, a danger lest familiarity should breed com-Plaisance, if not contempt, to the detriment of legitimate interests, For some time past there has been an idea that a scheme would be propounded by certain Chinese authorities for discussion with a view to a settlement, As recently as May last inquiry was that—schem The Municipal Council has, it is understood, given special attention to the matter, There is in being an informal committee which, given favourable circumstances, might to produce a working mut on the very delicate issues involved. For the happy outcome of that endeavour there will be general hope and lively desire in all resper ire where international goodwill is appreciated at its full value. There is all the more anxiety lest, unconsidered measures should emerge to prejudice the efforts of the peacemakers. The Municipal Council have the power in the ordinary course of their executive administration to counter disturbance of the status quo, the maintenance of which is plainly essential, pending negotiation and, indeed, endorsed by clear undertake on both sides. The Council have shown that they are ready to fulfil their responsibilities to the Settlement in that respect, But recorded light—not for the first time it is true—the risk involved in undue delay, They really raise quite a different issue than that of the egal position of the roads in dil pute. They suggest that an tempt is once more being made to secure, by executive police action, points of vantage to the prejudice of decisions which both parties have agreed to refer to negotiation. By strengthening their police dispositions to meet the ordinary day to day eme gencies of this kind, the Mun: cipal Council can be trusted to take adequate action. There may, however, arise a situation which is not provoked by them and which may get beyond their control. The original issue then fades into the background and higher authority even than that, of the Municipal Council may have to intervene. The que: tion, therefore, arises whether: without discussion of the legal rights. or wrongs of the road question, some salutary hint should not be given to the Chinese authorities who—probably with insufficient sanction from their own superiors—have thus gravely imperiled most difficult and intricate negotiations. It cannot be the desire of the major interests concerned that the Municipal Council should be impaled on the horns of a. dilemma which is none of its seeking: either to refrain from exerting it's executive authority and thus facilitate the creation of un fait accompli rendering all. negotiation nugatory, or so to meet the intensified threat that the risk of a most undesirable and undesired clash becomes

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

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