The Archive · 1932

The Rising Tide

Apr. 2

If the reference by Brig.-Gen, Macnaghten, at the annual meeting of ratepayers, to the dissatisfaction felt with regard to the administration of justice lby the District, Court aroused the indignation of a large number lof Chinese organisations, what Iwill be the result of the endorse Iment. given to it in the speech of the chairman of the British [Chamber of Commerce yesterday latter noon? In order that the situation should be clarified to Chinese readers it is necessary to emphasise that, neither the speech of the Chairman of the Municipal Council nor that of the chairman of the British Chamber of Commerce represents only his personal point of view. Each is the mouthpiece of the council or committee for which he speaks and it is a safe assumption that his words have' been approved, unanimously o by a majority, by the colleague for whom he is speaking, In both instances, then, the referen~ lees consist of the considered judgment of a number of representative men who have made fa close study of the subjects dealt with in such speeches for lat least a year past. In this matter of the District Court the Chairman of the Municipal Council dealt principally with the administration of the leriminal law with a passing roference to the civil made yesterdi attention was paid to the latter aspect, one which does not, -per~ haps, "receive quite the same: attention from the municipal authorities as the other though it is clear that they are just as cognisant of the defects on the lone side as the other.

It is apparent from these recent utterances that realisation been reached of the fact that the time has come for bittie plain speaking. The ho} engendered by the first year's working of the court as then constituted, and expressed about this time last year, have not been justified with regard to criminal eases, while so far as civil causes fare concerned the dissatisfaction then expressed has become aggravated. The unilateral can-collation of contracts by merchants for fear of developments. crisis last rectly good. instance of what is wrong in the leyes of the foreigners. Many Chinese merchants honoured their obligations, but, Chamber's chairman remarked yesterday afternoon "There are many. others relying upon the ineffectiveness o the District Court, are leaving: the i inthe' Iureh. In Our report reference was made to the unsatisfactory nature of judgments given in civil cases by the District Court and to. the consequent encouragement given to" unscrupulous Chinese merchants to evade their obligations, Te'fs a source of profound regret giving that no. improvement in. this respect has. taken place and it is easy to understand why, foreign complainants show fan. increasing.tendeney. to avoid Tecourse to legal pro¢ess."

When representatives of the 1 Council, the Shanghai General Chamber' of} Commerce land the British Chamber: of Commerce express the dissatisfaction of those various bodies jin terms which suggest either the difficulty or impossibility of obtaining justice, the complaint lean no longer be attributed to tie caprice of some' individual who may consider himself wronged in some: particular. instance, but amounts to a con

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

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