     
Wu Ting-fang : The First Chinese Lawyer of Hong Kongby Mr. Samuel Fung, Solicitor
The Chinese Legal system may be categorised roughly into two distinct periods. For about 3,000 years, in the history of China, until the end of the Ching Dynasty, the Chinese legal system maintained its heritage with the least influence of foreign elements. In 1902, however, the Chinese government appointed Shen Jia-ben and Wu Ting-fang to reform Chinese laws, making reference to foreign laws, and it marked the beginning of a new era for the reception of foreign laws into China. The Chinese Legal system may be categorised roughly into two distinct periods. For about 3,000 years, in the history of China, until the end of the Ching Dynasty, the Chinese legal system maintained its heritage with the least influence of foreign elements. In 1902, however, the Chinese government appointed Shen Jia-ben and Wu Ting-fang to reform Chinese laws, making reference to foreign laws, and it marked the beginning of a new era for the reception of foreign laws into China. Wu Ting-fang, the name by which he is better known today, who was called Ng Choy, before he joined the Chinese service, was one of those rare individuals who played, not only a significant part in the early social and economic changes of Hong Kong, but also a vital role in the legal and political changes in the transition of modern China. Early days Born in Singapore in 1842, Wu Ting-fang returned to Canton with his father in 1846. At the age of 14, he went to Hong Kong to begin his studies at St. Paul's College, from which he graduated in 1861. Shortly afterwards, he joined the local judiciary as an interpreter in the Supreme Court and later as the chief interpreter of the, then, Police Court. As the nature of the job did not accord with his aspiration, he went to London to study law. English Bar His efforts and determination were rewarded. He was called to the English Bar by the Lincoln's Inn in 1877. Then he returned to Hong Kong. On 18 May 1877, Wu Ting-fang was admitted to practise as a barrister in the Supreme Court of Hong Kong. He was the first Chinese who had not only been called to the English bar, but had been admitted to practise in Hong Kong. The Chief Justice, Sir John Smale, the head of the judiciary in Hong Kong, in his address on Wu's admission, commended his talents and accomplishments and said that the Bar would gladly hail the time when Wu Ting-fang should distinguish himself as much as Mr J. P. Benjamin, Q.C., the eminent American lawyer, who had become and, was, an ornament of the English Bar. Other talents Besides his main job as a barrister, after admission, he contributed his talents and abilities towards the community of Hong Kong in various aspects, notably, in education, public health and social welfare. For example, he suggested the equal standing of the Chinese traditional medical profession with that of the Western profession. He used his best endeavours to serve in various capacities; for example, he was the vice-chairman of Po Leung Kuk, a reputable voluntary welfare orgainsation. Justice of the Peace As a tribute towards his outstanding contributions, the Governor of Hong Kong, Sir John Pope Hennessy, appointed him a Justice of the Peace in 1878. He was the first Chinese so appointed in the history of Hong Kong. His attainment went further and, in 1880, he was gazetted a member of the Legislative Council, the 'Parliament' of Hong Kong. Again, he was the first Chinese who held a seat in the Legislative Council. One of his major achievements, as the first Chinese unofficial member of the Council, was his foresight for the needs of the people of Hong Kong. In the Council's meeting, on 16 June 1881, permission was asked by him for introduction of a Tramways Bill for the construction of tramways. After several readings, the Tramways Ordinance, 1981 was enacted, authorising the construction of tramways in Hong Kong; and the Hong Kong and China Tramways Limited was authorised to construct and maintain the local tramways. Today, the people of Hong Kong still benefit from the propounder of the Ordinance as trams are still an important means of public transport in Hong Kong. Change In October 1882, Wu Ting-fang left Hong Kong and headed north, to begin a drastic change in his life. He joined the Chinese service and became, inter alia, legal adviser and foreign interpreter to Li Hung-chang, the Governor-General of Chihli and High Commissioner of the Northern Ocean of the Chinese government, when he reliquished his name Ng Choy and assumed the name Wu Ting-fang. In addition to his main job as interpreter and assistant in Chinese foreign affairs, he also took part in negotiations and drafting of treaties with foreign countries. He proved to be ardent and reliable. In 1887, he was designated administrative head in the construction of the first railway operated and constructed by China. In 1897, he was appointed Chinese Minister to the United States, Spain and Peru. The most important of his roles in Chinese legal history arose in 1902, when the Chinese government entrusted him and Shen Jia-ben with the task of reforming the Chinese laws. His efforts brought forth, among other things, the abrogation of certain cruel corporal punishments. In the latter part of his life, he held prominent civil, judicial and diplomatic posts in the government before and after the establishment of the Republic of China in 1912, until his death. Writings In one of his main writings, Proposals for the Prosperity of the Republic of China, he set out the guidelines for his conceptual framework upon which modern China might be based; for example, no-one might enter any premises to search or close down shops and business premises, or arrest any person without warrant; further, arrested persons must be brought before the court within 24 hours. He also propounded the reformation of the judiciary and, to that end, he proposed, the judiciary must be independent under the doctrine of separation of powers. Moreover, he strenuously asserted to try cases according to evidence and reason and not only on confessions. Those seemingly not uncommon principles to the present day student of the English law, however, were at that time new elements in the face of the Chinese legal traditions, and were voices which stirred the stillness of the wilderness in those days. Wu Ting-fang died in Canton in 1922.
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