The Archive · 1928

PROVISIONAL COURT

ANOTHER DEPUTY'S PROTEST

The following stron protest. rade in the Provisional Court Br. Van den Berg, Senior Consul's Deputy, in connection with the rehearing of a case which had been ordered by the Kiangsu Provincial "Lendore the renova remarks made Braet cape in gonmection wht tense in which, the. Provincial" Govern Soh rontuad io approve, the fionont

Thuting are hourings "Satara this Tore by thiourea Thue In concerned, itis dittent (cons ear? fora rouen thie cate han reatstncd for voseaeing. Phere Bos" after"Srownde On whick ie ould Mints! rh ano) rats of law Goh complained of is one in which' prosecution may be instituted only on complaint of the injured' party: according to article 358 of the Regulations Relating to Criminal Procedure, and, since such an offence must, according to article 224, section 1, of the said Regulations, be made within six months, reckoning' from the day on which the complainant knows the offender, the period for prescription for making a complaint, in the present] ease, has now passed, and, in con-Sequence, no prosecution may be instituted in this Court Therefore, on grounds of procedure, the Court is prayed to dismiss the ease, in accordance with article 339, clause 1, of the said Regulations.

Counsel for the defendants was quite right in asserting that what fare referred to in the said articles 358 and 224 as offences the prosecution of which may be instituted only on complaint of the injured are one and the same thing, no difference between the word is,' used in. the former article and the words may be' in the latter. The difference is purely due to the carelessness of the translator, who probably used words indifferently. In the Chinese text, no such distinction is, or could be, made.

Uhut'(e) Prelude, could have had any part In this action, Tam, therefore, Atm Joss to understand these fareien! Thatructions of the Kiangsu Provincial Government "which oblige this" Court the Police to waste. their wrong in his assumption that, la the present ease, the alleged offence is of such a nature,

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

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