The Archive · 1932

SPECIAL DISTRICT COURT Chinese Arswers Criticism by

Retiring Chairman

'The "Shunpao," " leading Chinese newspaper, published on APT. 14 3 lengthy: editorial comment rogarding: the criticisms of the Shanghai Special' Area District Court made by BrigGen. E, B. Macnaghten, the retiring' chairman of the Shanghai [Stunieipal Council, in his speech at the annual Foreign Ratepayers IMecting on Wednesday afternoon.

translation of the editorial fl-

"After studying Brig-Gen. Mac-Inaghten's speech in detail, we feel are convinced that his express are biased and. that, he hes ied to recognise the fundamental ture of the local disaster. We {feel that his opinions warrant some comment and now we are setting forth our arguments based on facts 'SBrig-Gen. Macnaghten stated in his speech that the. prejudiced act tions of the Special "Area District [Conce in antisdapanese cases. Was Jone of the contributing factors the cumulative causes which Ted the actual warfare between the Chinese and Japanese military forces.

this statement had. been. given lout by the Japanese, we would consider that they had' been compelled fo do it. But when it was. Brig.- [Gen.. Macnaghten who made this statement, we cannot help but be the anti-Japanese sboyscott movement start? Are there tive causes which if Brig.-Gen. Macnaghten does not consider the Japanese militar tivities aa reasonable, hho ought to realise the stimulus given to ple Fast September as the cause of the anti-Japanese movement. The anti-nese movement, let it be known, been carried cutin a mest peace fut manner through boycott of [Japanese goods. fo violence had been resorted to nor had the peace and order of the International [Settlement been infringed upon. IThe security of the nationals of th friendly nations had never been en-declare that there was no Jground for any interference with the patriotic movement thus carried Jout, "Recently, an anti-Japanese boy-colt movement was started in the United States and we wonder what he Brig. Gen. Macnaghten would think Jabout that.

"In connection with the local

concession after concession, although] trouble, "China "has been "making realising that Japan was determined to precipitate the trouble. Despite her' concessions, the desire to carry Jout wholesale murder on the part Jof the Japanese could not be checked the manifestation of that de-caused a most tragic disaster.

'The present disaster to Japan military' encroachment while to [China it is nothing other than self-Jdefence. Peoples far away in Europe and Anteriea have expressed their sympathy with China. Yet Brig-Gen. Macnaghten, an eye-wit Jness of the trouble, has stood at the ight." Is it be-biased thinking? Or is it because that BrigGen. Mac-Inaghten considers it right to conquer a country with military forces, to tear down international pacts and treaties, to break the peaceful state lof the world and to overlook the inal justice? That is what is puzzling us. exc $9, the, Speci District Court institution was—reorganisec from the Shanghai Provisional Court, The Provisional Court was jan experiment provided by agree iting two men actively the property business to the Council's representative.

Peck dissociated himself from any suggestion that there had been any~ thing wrong in this except that it }was difficult for him to see how such representatives being for three hundred days in the year actively engaged in the land business could completely adept for fifteen days, in the year, supposing the Commission sat as njuch as that, that detached the frame of mind necessary for the proper fulfilment of their functions fon what was practically an arbitra tion.

The speech was rendered in a most pleasing "manner and undoubtedly had. its effect, for when the meeting was called upon to de-icicle between him and Mr. LIG. Robinson, the show of hands decid-Jed in favour of Mr. Peck.

Four governors of the General Hospital "were elected for the ensuing year and a meeting which ook just about and hour and a quartier came to an end with a vote of thanks to Mr. Burkill for the able way in which he had presided. ment signed by the Chinese Govern-Jment and those interested Powers. Had this experiment failed to satiety the. interested nations, it would never have been reorganised into the present special district court. It fsiso should be pointed out that the establishment of this court was also Hor the purpose of maintaining the sovereign integrity of the Chinese [Government. -Brig.-Gen. Macnaghfen had mo. grounds to cut the} fcoury for, if there. is any evi to. show prejudiced action of. court in anti-Japanese cases, it is reasonable to assume that ese acdons were taken from patriotic motives.

"The establishment of the Special [District Court was achieved by vit~ tue of an agreement between the [Chinese "Government and" the in-Rerested nations and we are of the opinion that Brig.-Gen. Macnaghten would' not be. permitted to. net Jagainst an agreement inst so signed. [Because of this belief, we feel that /Brig.-Gen. Macnaghten as Jehance of shaking the constitution Jof the Special District Court, This, twe hope, the retiring chairman of the Council will note with care.

"when we read Brig.-Gen, Macinaghten's speech carefully, we see that his goal is not_a question perties, nor the Special District Court, taining to the Sino-Japanese host but' really the so-called 'Shanghai tion." Recently, there have been for the establishment of reater Shanghai' or a 'Free City Jof Shanghai.' "We wonder if Brig.- Gen, Macnaghten's stand for an jeernational court is not the van-[guard' of a free city' movement.

"If Brig.-Gen. Macnaghten' aim

Jeannot but help considering ' his really centering on this plan, we views as wrong. It must be made clear that not only this plan would bbe injuring the integrity of Chinese sovereignty, but it also must be realised that the Chinese people have awakened from their long nap Jand are now in their struggle for liberty and equality."

An Explanation eh. Natpagnten showed a lack of Alleging that Brigadier-General understanding of the exact position of the Shanghai Special District [Court when he made certain remarks concerning that institution at the Jannual meeting of ratepayers, last Wednesday, the Secretariat of the Court has addressed the following letter to the various Chinese news Tin connection with the article publnne" the various erntclar Rewspapers on. April 14 on. ata ments" made by Brigidier-General ten, former Chairman of the Shanghai Municipal Counci, Udsing this. Court at the. annual meeting of the foreign ratepayers, wre offer the follolwng explanation

because the former Chairman of avoid, public misunderstandings!nebe cant does not Py, eniocsont that he reported: does not clncide rency -of this "Court, 40 with the cal facts.

"'It_must_ not, be forgotten that the question, whether the people's S patriotic movement should be banned Of not, comes within the jurisdiction of administrative authorities. Tt is Impossible for the. Court to exceed its limits, That General Macnaghten should have stated that the Court took issue with the ant [Japanese moverient is due to hi lack of understanding, the Court's exact position. Since September 18, 1031, three cases have been filed Japanese movement, and they tiled justly in "necordance "In his report, General Macnaghten said that property of the Chinese valued at $600,000 w: forcibly stolen, that, this was subsequently sold and the off ders were dealt with arbitrarily and that a number of the so-called nese merchant traitors were illegally arrested and detained, The Court Unable to ascertain' whether the above report, is true or false. The powers of the Procurators of the Shanghai Special District Court are limited according to Articles 103/- 486.0f the criminal Code. Should the statement made by General Macnaghten regarding the above cases of forcible robbery of goods be cor ect, the Procurators. of the Shanghai Special Distried Court cannot. be libeld responsible for conducting the investigations into these cases.

General Macnaghten has blamed the Court for having ignored failed to inquire into these cases but this in because he does not fully understand the competency of the Court. The statement made by Gen-feral Macnaghten accusing the Court of having failed strictly to maintain the law in connection with the anti-Japanese boycott, movement and his, assertion that the attitude of the Court in this matter was one of the reasons for the, recent Sino. perfectly erroneous, As" General japanese imbroglio, are Macnaghten did not reveal the real

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

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