File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
  • Find via Find It@HKUL
Supplementary

Article: What is the meaning of 'Xu Ping Zuzhang' in the Qing Code : A Study of the Case of Liu Ying Lan

TitleWhat is the meaning of 'Xu Ping Zuzhang' in the Qing Code : A Study of the Case of Liu Ying Lan
《大清律例》中須憑族長”的意思—以廖英蘭案為例
Authors
Issue Date2015
PublisherSchool of Chinese, University of Hong Kong.
Citation
Bulletin of Ming-Qing Studies, 2015, v. 11, p. 237-270 How to Cite?
明清史集刊, 2015, v. 11, p. 237-270 How to Cite?
AbstractThe Chinese clan is a patriarchal one, and the traditional law and ethic of China are to safeguard the patriarchal society as such. As a traditional code of laws, the Qing Code (Ta Ching Lu Li) definitely defends the moral value of the concepts of 'loyalty' and 'filial piety' because the greatest beneficiaries of 'loyalty' and 'filial piety' are 'monarch' and 'patriarch' - the highest leader in politics and a clan. The very name of the Qing Code suggests that it is the general code of laws of the Qing Dynasty (1644 - 1911), and it should have been abolished following the collapse of the Dynasty. However, owing to the needs of the colonial government, certain parts of the Qing Code still remain in force in Hong Kong even after the downfall of the Qing Dynasty. Although the legally valid parts are confined only to those concerning the Marriage Laws, they still have bearing on important social issues, such as the inheritance of estates. Under the protection of the Qing Code, the patriarch and males in his extended line enjoy various inheritance rights. In some regions of Hong Kong, or more precisely the New Territories, females are deprived of the opportunities of inheriting their parents' estates. This is the result of the validity of certain parts of the Qing Code, which was abolished in China but has still remained in force in Hong Kong for about 80 years. Following the establishment of the Hong Kong Special Administrative Region (HKSAR), a case with far-reaching consequences, namely, the case between Liu Ying Lan (Plaintiff) and Liu Tung Yiu (1st Defendant) and Liu Ying Kwai (2nd Defendant) (Case No. CACV 279/2002), was heard in the Court of Appeal of the HKSAR. Three judges well versed in law established, as per the legal clauses and customs of the Qing Era, that females of the New Territories of Hong Kong have the inheritance rights to lands! The Plaintiff Ms Liu Ying Lan's mother had passed away, and she requested the Court to confirm her right to inherit a small piece of residential land, as a bequest left by her deceased mother, in Sheung Shui, the New Territories. The first defendant is Ms Liu's cousin, i.e. her father's nephew. According to the ancient custom, married daughters have no inheritance rights, and the estates are generally inherited by nephews from the male line. In handling questions like this, the authorities will usually cooperate with the eligible nephews from the male line, and complete the procedure of transfer of title to land for them. This is tantamount to the government's endorsement of the inequality of men and women. Therefore the ruling made by the Court of Appeal in the High Court of the HKSAR removes the legal foundation from the custom regarding the inheritance rights. In addition to setting a precedent in the realm of law, this case is also highly valuable for scholars in the study of the Chinese language and related Chinese customs.
Persistent Identifierhttp://hdl.handle.net/10722/212336
ISSN

 

DC FieldValueLanguage
dc.contributor.authorSoo, YC-
dc.date.accessioned2015-07-21T02:32:48Z-
dc.date.available2015-07-21T02:32:48Z-
dc.date.issued2015-
dc.identifier.citationBulletin of Ming-Qing Studies, 2015, v. 11, p. 237-270-
dc.identifier.citation明清史集刊, 2015, v. 11, p. 237-270-
dc.identifier.issn2308-3212-
dc.identifier.urihttp://hdl.handle.net/10722/212336-
dc.description.abstractThe Chinese clan is a patriarchal one, and the traditional law and ethic of China are to safeguard the patriarchal society as such. As a traditional code of laws, the Qing Code (Ta Ching Lu Li) definitely defends the moral value of the concepts of 'loyalty' and 'filial piety' because the greatest beneficiaries of 'loyalty' and 'filial piety' are 'monarch' and 'patriarch' - the highest leader in politics and a clan. The very name of the Qing Code suggests that it is the general code of laws of the Qing Dynasty (1644 - 1911), and it should have been abolished following the collapse of the Dynasty. However, owing to the needs of the colonial government, certain parts of the Qing Code still remain in force in Hong Kong even after the downfall of the Qing Dynasty. Although the legally valid parts are confined only to those concerning the Marriage Laws, they still have bearing on important social issues, such as the inheritance of estates. Under the protection of the Qing Code, the patriarch and males in his extended line enjoy various inheritance rights. In some regions of Hong Kong, or more precisely the New Territories, females are deprived of the opportunities of inheriting their parents' estates. This is the result of the validity of certain parts of the Qing Code, which was abolished in China but has still remained in force in Hong Kong for about 80 years. Following the establishment of the Hong Kong Special Administrative Region (HKSAR), a case with far-reaching consequences, namely, the case between Liu Ying Lan (Plaintiff) and Liu Tung Yiu (1st Defendant) and Liu Ying Kwai (2nd Defendant) (Case No. CACV 279/2002), was heard in the Court of Appeal of the HKSAR. Three judges well versed in law established, as per the legal clauses and customs of the Qing Era, that females of the New Territories of Hong Kong have the inheritance rights to lands! The Plaintiff Ms Liu Ying Lan's mother had passed away, and she requested the Court to confirm her right to inherit a small piece of residential land, as a bequest left by her deceased mother, in Sheung Shui, the New Territories. The first defendant is Ms Liu's cousin, i.e. her father's nephew. According to the ancient custom, married daughters have no inheritance rights, and the estates are generally inherited by nephews from the male line. In handling questions like this, the authorities will usually cooperate with the eligible nephews from the male line, and complete the procedure of transfer of title to land for them. This is tantamount to the government's endorsement of the inequality of men and women. Therefore the ruling made by the Court of Appeal in the High Court of the HKSAR removes the legal foundation from the custom regarding the inheritance rights. In addition to setting a precedent in the realm of law, this case is also highly valuable for scholars in the study of the Chinese language and related Chinese customs.-
dc.languagechi/eng-
dc.publisherSchool of Chinese, University of Hong Kong.-
dc.relation.ispartofBulletin of Ming-Qing Studies-
dc.relation.ispartof明清史集刊-
dc.titleWhat is the meaning of 'Xu Ping Zuzhang' in the Qing Code : A Study of the Case of Liu Ying Lan-
dc.title《大清律例》中須憑族長”的意思—以廖英蘭案為例-
dc.typeArticle-
dc.identifier.emailSoo, YC: sooyc@hku.hk-
dc.identifier.hkuros245848-
dc.identifier.volume11-
dc.identifier.spage237-
dc.identifier.epage270-
dc.publisher.placeHong Kong-

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats