The Archive · 1936

WORKERS' CHARTER

Aug.

In his judgment in the case of Mazimenko v. the Shanghat Power Ca,, Judge Milton J. Helmick raised the' important issue of the possibility of applying workmen's compensation legislation even in this diMeult jurisdiction through reasonable construction of unsuitable portions to preserve the substance of the Law in some fair and workable system which would. be welcomed by employers and em. ployees.

His Honour specifically referred to American law and, presumably, to cases under the extraterritorial jurisdiction of the United States Court for China, Nevertheless he has rendered a service to the [general movement for the protec: tion of the workers in China against the risks incidental to their employ. ment as is provided in America and other western countries. Lively appreciation of the international complications affecting the enforcement of factory inspection in Shanghai prompts the belief that progress in establishing an effective system of workmen's compensation must be slow. In the Factory Law enacted by the Chinese Government certain clauses prescribe compensation for workers injured or killed in factories, but, so far, legal enforcement of those provisions has not [been invoked although settlements Jon the basis of the Law have been made in respect of certain accidents. Certain employers of their own accord are known to make compass~ nate allowances in substitution for legally defined compensation but China is one of the many mem-

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

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