The Archive · 1930

THE PROVISIONAL COURT FROM EARLY DAYS Its Origin as the Mixed Court and Some Incidents in

its History more than one hand we have heard it said that one reason for the recent mandate abolishing extrater-Hitoriality was the-position in which the negotiators found themselves on the question of the Provisional Court, Doubtless there were other reasons; possibly more far-reaching. But since such a declaration by, the government at a time when the future of a Chinese court operating with a certain amount of foreign supervision was the subject of Aebate and, though at the time of writing nothing is known, probably of sharp differences of opinion, would be bound to confuse the issue, this reason appears connects an i tution which has grown up with Shanghai with the great question of ges throughout the whole of this country, It brings the magistrates loath to involve themselves in any controversy which might bring down upon them the wrath of a government whose only desire it was to lie low after its treatment at the hands of the outraged Powers.

The foreign community of those days was also faced with a somewhat similar problem, namely, how to deal effectively under the treaties with Chinese criminal guilty of misdemeanours within the foreign areas. The usual procedure was to send such people to the native magistrate, but this was unsatisfactory. Not only was the distance loo great for many witnesses to go to the native city court, but also the system was open abuses, false charges being Drought and often innocent men punished, while the sentences imposed on criminals were often inadequate to deter them from taking up

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

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