The Archive · 1928

The New Criminal Code

June 19.

An event of much importance takes place ct the beginning of next month when the new Criminal Code of the Nationalist Government comes into fore.

Notice has been given that this Code ly would be under art clause 2, of the Rendition Agreement, which provides that "all laws, including laws of procedure' and ordinances applicable lat the present time in oth Chinese courts, as well as thos that may be duly enacted and promulgated in the future, shall be applicable in the Provisional Court." But as yet no agreement has been reached between the Chinese authorities and the Consular Body as to what articles and sections in the new Code shall require the presence of the Senior Consul's Deputy, sitting directly affect the peace and order of the International Settlement, including contraventions of the Land Regulations and Bye-laws of the International Settlement." There are others, Jof course, but we need not here take up time and space in enumerating them. Last March the Nationalist Government pub lished a new Criminal Code to take the place of those mentioned above and by which the Court has hitherto worked, and these were sent to all Deputies. We think we are right in saying that the "Amended Special Law Relating to Bandits," which was promulgated last December, still stands as a thing apart from the main Code and would thus present no difficulty. But naturally the numbers of articles and sections in the new Code would not correspond with those in the old which are mentioned in the classification of "Deputy cases." So that, until a new classification has been completed. Deputien might technically be shut out of the Court altogether because a charge in connection with which they would have sat under the old classification has now to be brought under an article bearing a number not mentioned in it.

Of course this ix not the intention. But it is a great pity that another Sino-foreign Leyal Commission was not appointed weeks ago to agree on the necesry classification. The translation of the Code into English has been completed, but nothing, else; and even if a Commi were appointed to-morrow, could hardly finish its work by the end of this month, Who is precisely responsible for the waste of time, we do not pretend to say. The absence of the Nationalist Minis of Justice has possibly—something to do with the delay:

stitute, Dr. Tsai Yuan-is a noted educationalist but not, we believe, of any special legal experience and his time is much taken up with the many committees on which he has to serve. This, the changes the Ministry of Foreign Affairs, and the all-embracing thought of the occupation of Peking, which for months past has been looked forward to as the goal that must he reached before anything else can me, would all combine to explain the apparent oversight in respect of the new Criminal Code and its operation in the Provisional, Court. But it is mutch to be hoped that a joint Tegal Commission will be set un without delay to proceed with the work of classification: as, of course, until that has been completed, the new Code could not come into force in the Court, Queen Victoria and preservation of Shanghai's nursing service already at' dangerously low strength and which it seems to be intended still further to deplete, deserves careful con-this connexion. however. we would recall Dr.

Marshall's letter in our issue of May 4 last.

Mad the V. N. TI. been run strictly outside work medical and surgical beds to provide a field for training girls taking up nursing as 4 profession, it would have perform-a very necessary and useful function and the present situation would never have arisen, Actually the Council extended and enlarged it into a miniature General Hospital. And Dr. shall, after protesting against the unfairness of debiting the V. N. H. with the cost of this experiment, suggests converting the V. NH, building into a maternity and children's hospital on the original five and a half mow, and selling the rest of the land or converting it into a public park, Dr. Marshall does not think the Country Hospital can handle all maternity cases without detriment to its other duties.

The question of the V. N. I has really crystallized itself into two issues: Can the community safety put all its eggs into the Country Hospital basket? And can it afford to scrap the splendid nursing service which through the V.N. ILI. has been built up? Dr. Birt brings in further considerations that certainly appeal to all those who are not hopelessly bounded by the business man's point of view. It is important to notice that here are the opinions of two doctors of wide experience in Shanghai, which are at least agreed in being by no_ means favourable to the Council's policy. The one point we have Jalways insisted upon is that the Council has no legal or moral right to take a final decision the ratepayers' au-Birt tells us that reason to believe there in the way of that final decision. We are glad to hear it. The less danger of some rash act which the community would only regret once, that would be aly Express services were resumed on the' Peking-Hankow Railway lay. received able headway: in connection repair of the Yellow River insidious. way Communism has attempted to fasten upon Shanghai aw stigma which ix entirely unwarranted, but which, unfor= tunately, may prove to har= monize with. the unpopularity crusade which certain types of politicians and journalists: have endeavoured to wage against the port, No doubt subversive literature has been distributed among American as among other bluejackets and marines here, but it has unfortunately. been' given an importance—thanks to Communism's way of twisting things—that it does not deserve, What should most assuredly have been added in the abatement issued at Washington was, not that the Administra tion' had no knowledge of anybody accepting or yielding to the propaganda, but that there was definite knowledge that the propaganda had been fruitless.

This latter would not hai been a particularly bold state-met to make in regard to the American forces in China, but it would have been just, We saw how the British troops sent here at the beginning of 1927 were bombarded with immense amount of propaganda, and how intensely it amused them. It is understood that in Hongkong, when a foreigner ed the effect of subversive talk upon them, they prodded him with bayonets in the part of the anatomy which Natura designed for punishment, and that wax about the beginning jand end of what had been meant as an effort not only to promote Communism but to bring about intense friction between various bodies of different nationalities which had to work tonethfor the defence of foreign communities in China. We can well understand that the Ameri cans have beers subjected to the same sort of influence, as they were during the war. when General Pershing ordered that nobody could draw more than half his normal day's money, this being done very wisely in an attempt to bring about some sort of equalization of pay it the field so far as the troops of each country were alfred to spend. What. of course, the Communists aim at is to set the men aboard ship to studying their tracts, and in the process of meditating upon them, become convinced of the beauties lof. this particular system political economy, Tu an essen tially loyal organization such a3 the American Navy these pamphlets are seldom read by the recipients; but, as is the ease in the British and other Navies, fare handed to warrant officers and thereafter to the commis sioned ranks, While congratulating, Shane>

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

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