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Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873

  • Author:

    Kwok Ka-Fai

  • Page Number:

    41:143-185

  • Date:

    2024/12

  • Cite Download

Abstract

This article aims to analyze the local governance and judicial logic of San On County 新安縣 within the rural society of the New Territories 新界, Hong Kong during the Late Qing. This analysis is based on a rare legal documents—the Land Transactions and Disputes of 1873 (Tongzhi shier nian maimai tiantu ji cunshi jiufen 同治十二年買賣田土及村事糾紛)─which provide valuable insights into village society during that time. 
First, the article introduces four cases noted in these documents, illustrating the rhetoric and tactics employed by the Kam Tin Tangs 錦田鄧氏 and Shap Pat Heung 十八鄉 in manipulating judicial procedures for their own benefit. Second, by analyzing the writs in detail, the article reveals the understudied legal processes of San On County in handling disputes between lineages and villages in the New Territories, as well as how magistrates considered local governance and judicial practices while adjudicating their cases. Third, this study uncovers the complex dynamics of the local rural society in the New Territories, including the intricate networks between rural leaders and gentry, as well as the evolving leadership and changing structures within lineages. 
In conclusion, these documents shed light on the rarely discussed judicial practices in the New Territories during the Late Qing period, significantly enhancing our understanding of this historical context.

Keywords

New Territories, judicial system, local governance, legal disputes, rural organization  

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Citation Text

Footnote
Kwok Ka-Fai, “Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873,” Journal for Legal History Studies 41 (2024): 143-185.

Bibliography
Ka-Fai, Kwok
2024 “Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873.” Journal for Legal History Studies 41: 143-185.
Ka-Fai, Kwok. (2024). Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873. Journal for Legal History Studies, 41, 143-185.
Ka-Fai, Kwok. “Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873.” Journal for Legal History Studies, no. 41 (2024): 143-185.
Ka-Fai, Kwok. “Examining Local Governance and Judicial Practices in the New Territories, Hong Kong During the Late Qing: Insights from the Land Transactions and Disputes of 1873.” Journal for Legal History Studies, no. 41, 2024, pp. 143-185.
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