The Archive · 1928

PROVISIONAL COURT

ITALIAN DEPUTY'S PROTEST

Following the recent protests of! Messrs. Stevens and Van den Berg against decisions in the Provisional Court was one entered on Saturday by Dr. F. Ramondino, Senior Consul's Deputy.

'The protest resulted from sen tences imposed on two Chinese who were charged with committing a number of armed robberies and were sentenced to 14 and 11 years' imprisonment respectively. The first accused was found guilty on four counts of armed robbery, while the other had three charges proved] against him. They were arrested March & by a police raiding! party, and later confessed participa tion in the armed robberies with which they were charged.

The Deputy's protest follows:—"I emphatically protest against the lenient sentences given by the Judge in this case.

"The two accused were charged with five armed robberies contrary to article 1, section 13, of the Band~ it Law and article 878 of the Chinese Provisional Criminal Code.

"This is one of the best proved cases that ever appeared before me during the four years of my connection with this Court. 'The two accused have frankly admitted taking part, respectively, in four and three armed robberies' and they have been recognized, respectively, by five and three witnesses.

"The Bandit Law has not been applied by the Judge owing to the interpretation given by the Nanking, Supreme Court to article 1, section 13. On' this question, T wish to point out that the above interpreta~ tion (let the truth be known for once and all) has been provoked by a despatch sent by this Court as a result of a meeting held by the Judges of the Criminal Division, Some of whioh were opposed to the extreme penalty.

"But, the Bandit Law apart, article 373 of the Chinese Provisional Criminal Code afforded the Judge adequate means to inflict a more severe punishment as the above article provides life imprisonment as 8 maximum penalty. In a case like this one, in which four robberies have been proved against the first accused and three against the second, the term of imprisonment had to be, no doubt, nearer the maximum than the minimum.

"L take a serious view in lenient sentences of this kind because the report of the Com ier of Police has just shown to what it has in the last year due to the ioni of Judges, confusion in legisl contradictory interpretation rulings. The crimes of violence have increased by 200 per cent. and, if no steps are taken by the Ni alist authorities, Shanghai will hold, ina short time, the record for criminality in the world.

Furthermore, lenient sentences of this kind seem to be an insult to the memory of the brave foreign, Indian and Chinese members of the police who have lately: net death in protecting: the lives and property of Chinese residents of the Settlement, Finally, by this protest, 1 wish to prove once more to the Chinese community that the foreign authorities (police, Depaties, ete.) make every and any possible! strenuous daily effort to. protect Chinese lives and property. The Chinese community has, therefore, to appeal directly to its own political and judicial authorities if it does wish to see no more neutralized and stultified the untiring efforts of the foreign authorities in that direction."

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

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