The Archive · 1930

Provisional Court Draft Plan

Dr. Wang Chung-hui's Speech on Points Included: The Question of Police and Prison Control the following statement should be reserved uxt agreement itself how bees rigged reason to. believe Feported from the Nanking, Jan. 28.

The outstanding feature of the new draft agreement regarding the reorganization of the Shanghai Provisional Court is the removal of arious restrictions imposed by the Mixed Court Rendition Agreement of 1926 upon the free exercise of Judicial power by the Judges of the Court and the conversion of the Court into a purely Chinese tribunal ju conformity with the Chinese judicial system, according to Dr. Wang Chung-hui, President of the Judicial Yuan, who spoke at. the Weekly memorial service at Central Party Headquarters yesterday. President Wang's speech, which throws considerable light on the contents of the new agreement, is briefly as follow:

The new agreement regarding the reorganization of the Shanghai Provisional Court, which is the fruit much debate and discussion during 28 sessions of the Sino-Foreign Conference extending over a period of pearly two months, consists of -10 articles and eight additional notes. For a full appreciation of the new agreement, it is necessary first to point out the defects of the Mixed Gourt Rendition Agreement of which the following are the more conspicuous:—The pretence on the bench of Consular officials or Deputies to watch the proceedings.

2, The undefined power exeretsby the foreign Chief Clarke who 48 at the same time concurrently a staff member of the Shanghai Manicipal Council, The executive Police officers of the Court—who exercise such ims portant duties ay the execution of ominouses, warrants and orders issued by the Coust—are detailed by the Shanghai Municipal Council. The Court could not, therefore, ex-excise effective control and direction ver them, '4, The prisons have been in the charge of the Shanghai Municipal Council In eases where a Consular Ofcial or Deputy also appeared on the bench to watch the proceedings, he Judgment of the Court cannot be execited without the concurrence and counter-signature of the Conular representative.

6. A part of the former Mixed Court Rules of Procedure are still in force in the new Court, '7. Litigants in the "Shang! Provisional Court are not given the right of a second appeal. which violation of the three trial system the Chinese judiciary.

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

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