Lion and Dragon in Northern ChinaJohnston, Reginald Fleming, Sir
History
Lion and Dragon in Northern China
Johnston, Reginald Fleming, Sir
Weihai (China) -- History; Weihai (China) -- Social life and customs
This curious state of things is primarily due to the fact that
Weihaiwei, with its slender resources, cannot afford to support a
resident judge, and has therefore to content itself with the help,
in very exceptional circumstances, of one of the judges of a court
situated hundreds of miles away; but the existing conditions, whereby
the magistrates perform the work of judges, are legally sanctioned by a
clause in the Order-in-Council, which lays it down that "the whole or
any part of the jurisdiction and authority of the High Court for or in
respect of any district may, subject to the provisions of this Order,
and of any Ordinance made thereunder, be exercised by the magistrate
(if any) appointed to act for that district and being therein."[63]
The rights of the High Court are safeguarded by the declaration that
it "shall have concurrent jurisdiction in every such district, and may
order any case, civil or criminal, pending before a magistrate, to be
removed into the High Court."[64] In practice, it may be said, all
criminal cases except the most serious, and all civil cases of any and
every kind, are tried in Weihaiwei by the magistrates of the North and
South Divisions, acting either as magistrates merely, or as judges with
the delegated powers of the High Court.
[Illustration: DISTRICT OFFICER'S QUARTERS (see p. 100).]
[Illustration: THE COURT-HOUSE, WÊN-CH'ÜAN-T'ANG (see p. 98).]
The Court of Appeal from the High Court of Weihaiwei (and therefore
from the magistrates acting as High Court) is the Supreme Court of
Hongkong. This arrangement has been in force since the promulgation of
the Weihaiwei Order-in-Council in July 1901; yet during nine subsequent
years not a single appeal has been made. This is due to three main
causes: firstly, there are in Weihaiwei neither barristers nor
solicitors by whom litigants might be advised to appeal. Every party to
a suit appears in court in his own person, and states his case either
orally or by means of written pleadings called Petitions. If he loses
his case the matter is at an end unless he can show just cause why a
re-hearing should be granted. Secondly, the legal costs of an appeal to
a Hongkong court would be prohibitive for all but a minute fraction of
the people of Weihaiwei. It is questionable whether, outside Liukungtao
and Port Edward, there are more than a dozen families that would not
be totally ruined if called upon to pay the costs of such an appeal.
Thirdly, there are probably not twenty Chinese in the Territory who are
aware that an appeal is possible.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account