Japan by the Japanese/Chapter 30.3

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III. Local Government

Prepared by the Ministry of Justice

The customs and habits of the inhabitants of Formosa differ very considerably from those of Japan, and thus it was impossible to immediately introduce the legal system of the latter country without important modifications. The first step of the Government was to restore order, and suppress the rebellious element by the constitution of a military administration, and the second was to protect and encourage the peaceful population. There has been much discussion as to whether the Constitution promulgated in Japan in 1889 should not have been adopted in Formosa at the moment of annexation. The Constitution does not mention any territorial limits within which it is to be carried out. Many argue that the legal system of the mother-country must necessarily be extended to newly-acquired territory unless the sovereign ruler ​specially expresses his desire that it shall be otherwise. Should this argument be correct, it would mean that the conditions of government in Japan should be reproduced in Formosa, because there has been no such special expression to the contrary at the time of the annexation. This should apply both to the Constitution and to ordinances. There exists a special provision relating to the execution of laws, contained in the law No. 63, March, 1896. This states that ‘of the present laws and laws which shall be promulgated in the future, those which entirely or in part are to be carried out in Formosa shall be determined and stated by Imperial ordinance.’ In practice, however, many instances occur in which laws from their very nature and contents, have been considered as in force in Formosa, although no special regard to Imperial ordinance exists for their execution there. With regard to Imperial ordinances issued in Japan, it rests with the Government authorities to decide whether or not they shall apply to Formosa.

In Formosa, besides the laws and ordinances issued in Japan and extended to the annexed territory, there are also ordinances, having the power of laws, issued by the Governor-General and departmental ordinances. The first-named ordinances are promulgated by the Governor-General of Formosa, with the sanction of the Council. This Council consists of the Governor-General, the Chief of the Civil administration, the Military Attaché, the Chief of the Military Council, the Chief of the Naval Council, the Chief Councillor, the President of the Court of Appeal, the Procurator-General, the Head of the Police Forces’ Department, the heads of bureaux, the managers of bureaux (secretaries), and councillors. The Governor-General draws up the Bills to receive the sanction of the Council over which he himself presides. The departmental ordinances are issued by the Governor-General in accordance with the Imperial ordinance for the organization of the office of the Governor-General of Formosa. These ordinances may contain, if it should be deemed necessary, clauses dealing with punishments, but such punishments must not exceed one year’s imprisonment or fines of more than 200 yen.

Generally speaking, the laws and regulations enforced at the present time in Formosa may be summarized as follows:

  1. The Constitution of the Empire of Japan (1889).
  2. Laws specially decreed by Imperial ordinance to apply to Formosa.
  3. Imperial ordinances and laws having effect in Formosa by their nature and contents.
  4. Ordinances having the power of laws.
  5. Departmental ordinances.

​In the General Administration of Formosa, the Governor-General is the highest official. He is under the control of the Minister of State for Home Affairs. He is, however, subject to the Ministers of State for the Army and the Navy in matters relating to military and naval administration, and questions dealing with military and naval persons. In as far as concerns Formosa, the Governor-General carries out the work of the Ministers of State in Japan. Assisting the Governor-General in the administration are the Chief Councillors, the Head of the Police, the heads of bureaux, secretaries, and councillors, etc. There exists also a deliberative body in the Council, mentioned above.

Formosa is divided into twenty administrative divisions, or cho, in each of which there is a chocho, or officer in charge, who acts as local Governor. The cho is on the one hand an administrative division, and on the other a public judicial entity, able to levy taxes, as was the case in Japan in the Fu and Ken before the promulgation of the law of the organization of Fu and Ken in 1890. By an ordinance having the power of law promulgated in 1898, the regulations relating to local revenue in Formosa are laid down. This law gives to the local Governor the right to levy local taxes. He is authorized to impose and collect any or all of the following taxes:

  1. Additional percentages on the land-tax.
  2. House-tax.
  3. Business-tax.
  4. Miscellaneous taxes.

Money derived from such sources is to be expended in the local organization of police, public works, hygienic measures, education, etc. These revenues and expenditures come under the head of those of local communities in Formosa, for which the consent of the Imperial Diet is not necessary, in accordance with the provision contained in Article 64 of the Constitution.

The principal special local offices in Formosa are the Customs House, Harbour Quarantine Office, Post and Telegraph Office, etc. There are also such public offices as the Salt, Camphor, and Sugar Offices, which respectively administer their own affairs. There exists no special Tax Collection Bureau, as in Japan, the collection of taxes being entrusted to the local Governors. This also applies to the forest administration. The provisions relating to officials in Formosa are very similar to those in force in Japan, although there are a few minor differences in connection with their appointment. Imperial ordinances specially provide for additional salaries, varying with the number of years of service in Formosa. There are similar special arrangements with regard to pensions.

​The judicial administration of Formosa was determined by an ordinance having the power of law issued in 1898. By this, part of the administration was entrusted to the law-courts of the Governor-General of Formosa. The Governor-General has direct control over the law-courts. These are divided into three local courts and one Court of Appeal. The local courts have right of judgments in the first instance in civil and criminal affairs, and of the preliminary examination of criminal cases in their neighbourhood. The Court of Appeal is always held where the Governor-General has his seat of office. In every court a procurator’s office is established. In the local courts all questions are examined and judged by a single judge; in the Court of Appeal, on the other hand, one or more chambers are instituted, in which cases are examined and judged by a bench of judges. Very much the same regulations apply to the status of judges in Formosa as in Japan—this is regulated by the law for the organization of courts. The Governor-General of Formosa may, at his discretion, place any judge in the island temporarily on the retired list. No special regulations exist with regard to the status of procurators. In special cases, when considered necessary, a temporary court may be held in a convenient place in which judgments may be pronounced without regard to the general jurisdiction of other courts (No. 2 Ordinance having the power of law, July, 1896). There are also special provisions as to the organization of prisons (No. 5 Ordinance having the power of law, February, 1899).

The law of conscription is not enforced in Formosa, from the fact that the Japanese inhabitants in Formosa are not yet allowed to change their place of domicile. With regard to the financial administration, a special treasury system has been in existence in Formosa since February, 1899. Except in a few cases, the taxation laws of Japan are not in force in Formosa. All the taxation laws in Formosa are determined by ordinances having the power of law. There are special systems of monopolies in the case of opium, salt, camphor, and camphor oil, regulated by ordinances having the power of law.

An examination of the execution of laws and ordinances in Formosa cannot fail to show lack of perfection in many points. This principally because the early system of administration was based largely on convenience, and in the expectation of being perfected as time went on. Generally, it may be said, however, that the codes of civil and criminal law, with the codes of procedure, are carried out in Formosa. There are, however, some exceptions in the carrying out of the laws. The laws in force in Japan are applied to Japanese living in ​Formosa so far as civil cases are concerned, except in questions relating to landed property, when the usages which have hitherto prevailed in Formosa apply. In matters relating to civil or commercial questions concerning the Formosans and the Chinese alone, as well as matters relating to criminal acts committed by the Formosans or Chinese, the last-named usages also apply. Although the above exceptions are harmful to the unity of the application of the law, they are parts of an unavoidable transitory stage. The Government has established a committee of inquiry into the usages of Formosa in order to codify them more clearly.

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