Lien-kuei, Li Tsu-ngi, Tang Ying-sung, Wang Cheng-kwan and Liu Tewone.
Certificates Passed by Mi In China, there is no distinction between barristers-at-law and solicitors as the terms apply in Engish practice. The Chinese Bar Association holds wide powers, even to the extent of reviewing "certain, actions of the Ministry of Ju Tt dees not in'any way control its members nor are the members pre pared to submit to its dictates.
'A Chinese desirous of becoming'a lawyer obtains a diploma from some school, college oF other educational institution and sends it to the Ministry of Justice with the necessary fee. This fee is, we believe, somewhere around §200. It was formerly $20, then it rose and, one time in Peking, it jumped as high even as $600. There are no bar examinations and applicants or would-be lawyers are adm purely on the strength of whatever certificates they may possess, Unfortunately, the Ministry is rathe: lax in this direction™and seldom are any questions asked regarding an Aplican' edcatonal traning qualification's. However, ald the fee involved, he is granted certificate conferring upon him the title of lawyer, The conferring of this certificate by the Ministry of Justice by no meang signifies that the applicant, having received it, can forthwith center into the practice of law. And here is where the Bar Association comes in.
The Association Decides The applicant, having obtained hi lawyer's certificate from the Ministry of Jastice, must make application to the Bar Association for femberahip, without which he wil himeelf ineligible to, He fils ina form, which guaranteed to be true by two other members, and sends this with his school diploma and the Ministry's certificate to the Association. The Bar Association then proceeds to examine the school diploma, the diploma, be it noted, which has been recognized by the Ministry Justice, and, should it consider it in order, it sanction the applicant' Admission and enrolls him as a member. He then applies to. the higher provincial court for. permis sion to practise and, invariably, is Admitted without "further question, 10 long as he pays the required fe: Should, however, the Association decide that his school certificate is not in order or that it is not issued bya recognized institution, it rejects his application for membership and, though he holds the Ministry's eertiflate, he is debarred" frozs prac twill be seen, therefore, that the admission of persons to practice depends entirely upon the tastes and whims of the Bar' Association, which, reviewing what the Ministry already has decided, is, in point of fact, the super-supreme authority The matter of a man's qualifications rests not with the Ministry of Justice but with the Bar Associa \dentifieation" Purposes The nominal reason for permitting: the Bar Association to examine certificates which have been passed by the Ministry of Justice is for identification purposes, Association must see tiffcates are in erder, that the namee of the persons inscribed on the cer tifeates are of persons mai plication and that they are men of character. Why the identification, nobody seems to know. The Ministry would not, presumably, pass, on a diploma and issue a certificate to unqualified persons, yet the Ber Association, in going over the Ministry's head, would appear either to hold the Ministry in rank contempt or suggest that the members of the Ministry do not know their work, and that they. have not the ability to distinguish between men of character and-ability and men without either.
The functions of the Bar Associa-tien are to promote and protect the interests of its members, How it does so nobody knows. It would be difficult to find a lawyer in Shanghai who would tell one that he had benefited by being a member of the Bar Aesociation or that his interest had been promoted or that he had received protection. Of controlling him there ig no mention.
The Association functions also by making inquiries into the personal character of applicants, The Ministry has decided that apy are persons of good character, yet the Bar Association must needs con-nct a further inquiry. No persons who have been found guilty of misdemeanours are permitted to join, because, once having been found guilty, they are deprived of their civil rights either for period: of time or for life. Nominally, opium smokers are barred but, as matter of fact, it is known' tha! many members of the Association, even at the present time, are opium smokers. One man, found guilty of charge by the' Shanghai Dis. trict Court, through the prosecution of the former Chief Distri Procurator, Mz. Sun Shao-kang, was fined, yet the Bar Association has permitted him and other smokers 9 retain their membership.
Text read from the printed page and cleaned; old type leaves the occasional error.