Policing, News and Government: Public law and order from the outside.

A pertinent chapter in the public order and policing of Shanghai was the 1930s when simultaneously, the looming threat of Japan led to a spike in public demonstrations in China, and Shanghai’s Public Safety Bureau came under strict anti-communist leadership who were extremely determined to eliminate radicalism from the city. This ‘red hysteria’ was so intense that the Bureau put aside its nationalist-fuelled disdain for Shanghai Municipal Police (SMP) and co-operated with them to root out radical individuals and police the mass assemblies, whether student demonstrations or public celebrations (1). SMP’s increased anxiety and involvement in intense policing may have been seen as conducive to those in the cities, but to the foreign governments who backed the council, this shift in approach likely led to some reflection on the nature and perception of public order abroad, particularly at a time when imperial powers were struggling to mitigate unrest and loss of control in colonies

A useful source in considering the official British reaction to the public order in Shanghai is an exchange in the House of Lords between Lord Marley, Chief labour Whip, and the Earl of Stanhope, Under-Secretary of State for Foreign Affairs during a Sitting on 5th of February 1936 (2). During this Sitting Marley had called for papers from Stanhope in regards to the allegations surrounding police violence during a student demonstration on the 24th of December the previous year. Drawing from witness accounts Marley outlines accusations of unprovoked police brutality and calls for further inquiry into police conflict. Stanhope contends these allegations. There are three primary areas the two figures clash over: sources, justification and nature of police violence, and finally consequences of inappropriate policing. It’s clear that both sides see business as a prime motivator to keep law and order amicable, but they differ in terms of authority, in which evidence holds it and how best to instil it in overseas settlements.

In terms of sources, Marley is largely drawing from witness accounts, although they contextualise this evidence with newspaper coverage and complaint letters to newspapers describing other demonstrations in China such as Peking. They substantiate their claims by describing their witnesses as an American who is ‘entirely trustworthy’ and a Chinese lady who is ‘well known throughout the world’ and thus ‘whose evidence cannot be but reliable’. (3) In opposition, Stanhope bases all of his opinions on newspaper reporting and questions the journalistic research of Marley ‘I am bound to add that the report which I have read in the Press on this matter differs very materially from the one he has given to you Lordships’. (4) This prioritisation of the newspaper over first-hand accounts results in an echo chamber in opinions surrounding law and order, as the SMP were closely monitoring reports on their policing. Records from their archive show them disciplining several newspapers for breaking the Chinese Press laws which relate to disparagement of public services (5). SMP made sure they were represented in line with official attitudes to policing, and foreign officials used said newspapers to justify that their policing was appropriate. The weight Stanhope puts on these pro-police accounts in English newspapers indicates not only how important the press played in overseas policy, but also why the Shanghai Municipal Council’s control over journalistic reporting was important in asserting control and confidence in overseas government.

An important element of Marley’s case is that the procession was ‘entirely peaceful’ before the police came to break it up, He highlights the age of the participants as mostly ‘children of middle school age’, who were met by a fully armed band of foreign amel British officers (6). He noted that one officer started beating protesters over the head, leaving them bloody and unconscious. He implicitly praised the patriotism of these protests in the face of Japanese aggression and argued that such protests taking place here would be praised by intellectuals. He, then, deliberately parallels the British subject to the Chinese subject, with equality in rights.

In opposition to this, Stanhope highlights that, far from being fully innocent, these protesters were disrupting the traffic and business in the railway station for at least 30 hours (7). While discussing Japan, Jordan Sand highlights why demonstrations in urban railway stations represented both an effective site of public lobbying and a source of great annoyance and disorderliness for authorities (8). According to Stanhope, if you’re causing such a disruption to travel, ‘it is quite obvious’ any government must do what they need to ‘to secure control again’ (9). He also argued that a report in the paper counters the claim that the students were armless and peaceful. While he doesn’t explicitly agree undue force was used, his argument mostly suggests that he, and suggestively the government, believe state violence is necessary.

Interestingly, where Marley and Stanhope align is their framing of why appropriate enforcement of public law and order is important. While Marley highlights the unjust harm the police have potentially caused, he doesn’t present his case as a humanitarian plea, but as a business move. He highlights that excessive force could cause tensions to escalate between the British and Chinese populations, and increase anti-British sentiment (10). He argues that this would waste the opportunity British businesses have to snatch trade that used to be Japanese. Stanhope points out that the municipal council
are largely made up of businessmen so they’d be highly aware of the optics of their police on trade and keep it in check (11). Notably, however, he doesn’t counter Marley’s claim that public order isn’t just about a moral code or power hierarchy, but also a matter of good business. This is perhaps hardly surprising given, as Frederic Wakeman highlights, disorder itself was also often about trade, in this case, Shanghai’s notorious international narcotics trade (12).

(1) Frederic Wakeman Jr., “Policing Modern Shanghai,” The China Quarterly, no. 115 (September 1, 1988), pp.408–40, pp.433-436

(2) United Kingdom, Debate, House of Lords, v.99, (05 February 1936), pp.439-446, https://api.parliament.uk/historic-hansard/lords/1936/feb/05/the-international-settlement-in-shanghai

(3) UK, Debate, House of Lords, 1936, p. 441

(4) Ibid, p.443

(5) See file D-7518 in the SMP Archive, ‘Allegations Against The Police By The Shanghai Public Daily News 1569’

https://archive.org/details/smpa-files-16/page/n1/mode/2up

(6) UK, Debate, House of Lords, 1936, p. 441

(7) Ibid, p. 443

(8) Jordan Sand, Tokyo Vernacular: Common Spaces, Local Histories, Found Objects (University of California Press, 2013), pp.42-70.

(9) UK, Debate, House of Lords, 1936, p. 443

(10) Ibid, p.442

(11) Ibid, p.444

(12) Wakeman Jr, ‘Policing Modern Shanghai’, p 409

 

 

 

‘Town Planning in British Malaya’ – Charles Reade’s Depiction of the Challenges facing Colonial Town Planning

The article entitled ‘Town Planning in British Malaya’ provides an insight into the unique challenges that faced town planners in their attempts to design new urban spaces in the colonies, particularly at a time when town planning was still considered a ‘tentative experiment’ and little legal and administrative frameworks existed to support it1. The author of the article is Charles Reade who was possibly the most active and influential figure of the first generation of town planners. Significantly he wrote this piece in 1921, at the very beginning of his appointment in the Federated States of Malaya, and published in the first, and seminal, international journal of town planning the Town Planning Review. This article then, acts as a very public documentation of an influential planner’s process. 
 
Reade may have even fancied this article as the start of a guide to planning in the region. As Robert Home points out he did see himself as somewhat of a missionary: ‘There never was a time in the history of the whole [town planning} movement when the need for enlightened missionary effort throughout the civilised world was greater…’2. Born in New Zealand, Reade initially made an impact in town planning circles in New Zealand and Australia most notably in his design of an Adelaide suburb, the Colonel Light Gardens. However, political opposition to his methods led him to leave Australia in 1921, the year the article was written, and accept the position of Government town planner in the Federated States of Malaya. As tentatively optimistic as Reade presents his prospects in the colony, his strict approach would lead him to be manoeuvred out of power. He would then go on to work in North Rhodesia and South Africa before he tragically took his own life in Johannesburg. 
 
As someone who was ‘endeavouring to apply strictly scientific, and consequently really practical methods’ to his planning, it is unsurprising that within this article he stresses the need for legislation, specifically shaped for the Colonial context: ‘Most important of all is the devising of legislation and machinery suited to the requirements of a British Protectorate or Federation of States largely peopled and worked by Malays, Chinese and various Indian Workers.’.3 As an early figure in town planning, little legislative and administrative provisions existed during Reade’s career. By 1921 two central acts existed. The first was the British Housing and Town Planning Act 1909 which most notably banned the practice of ‘back to back’ housing commonplace at the time and required that local authorities had to introduce systems of town planning.4
 
The second was the 1915 Bombay Town Planning Act, the first significant colonial town planning legislation. Building off of the 1909 Act, the 1915 legislation wanted to provide better financial provisions by the betterment levy and the integration of land pooling and redistribution practices. It is this very practice that leads Reade to invoke the Bombay Act in the article when he is describing the problem of awkwardly shaped holdings in ‘the East’ poses to those involved in the replanning process. The assumptive tone he uses when bringing up the act ‘Under the “Bombay Town Planning Act” city planners will know of the replanning schemes…’ implies that, given the international nature of the journal, this piece of legislation has already become a mainstay model in the global town planning discipline.5 Aside from these two acts, from 1917 in Malaya the provisions for town planning were largely confined to sanitary boards, which were primarily concerned with public health improvements (6). Reade acknowledges that these authorities have completed ‘much good work’ but finds an ‘inadequacy of existing powers and machinery when it comes to dealing with economic and administrative questions relating to resumption, methods of rating and valuation of land, also exchanges and redistribution of ownerships, etc’ (7). 
 
In answer to Reade’s frustration, in India, a proto-form of town planning was emerging through bodies called Improvement trusts. They primarily introduced procedures to clear slum neighbourhoods in cities. Below the plea for more legislation, Reade highlights the significance of the upcoming ordinance which will create the Singapore Improvement Trust (8). If Home is right that they acted as a form of pre-cursor to town planning legislation, and Bombay, with its influential planning act, was one of the earliest towns to have one in 1898, then we can understand why he views this as an important next step to secure more legislation (9). Certainly only 2 years after this article he introduced into Malaya the Town Planning Act of 1923 which brought together development, leasing land, town improvement and building regulations into one piece of legislation. Given that control of town planning in Malaya was reverted back to sanitary boards in 1927, one can’t draw a definite general timeline of town planning infrastructure from this example, however, it could potentially illustrate a common legislative trend in colonies. 
 
Aside from legislative concerns, Reade spends much of the article outlining specific regional considerations he has to make before he can begin the project of town planning. Broadly these concerns fall under the category of inherited problems from rapid urban growth and colonial rule. One such issue is the industry of mining, which was central to the economy of the colony, In fact as early as 1891, a government newspaper stated that mining was successful enough to be independent from the aid of the state and that the country was dependent on its resources (10). Yet Reade bemoans its environmental impact, specifically the rising river levels, the flooding, and the influx of silt that has forced some towns to be abandoned (11). Given how spatially disruptive mining can be, it follows that town planners and commercial mining enterprises might have often been at odds. Indeed, later in Reade’s career, in Northern Rhodesia, he faced tension when a mining company and the colonial authorities clashed over the nature of the town planning, with the former wanting to quickly erect a company town and the latter wishing to keep governmental functions out of private hands (12). If Reade’s generation of planners found an under-implementation of their designs, much of that derived from the local opposition from settler and commercial interest groups (13). 
 
Indeed, in this article what stands out as a major concern for Reade is negotiating the ideals of settlers during the replanning process. Reade explains that because of a common trend of awkwardly shaped holdings in Asia, a land pooling and redistribution system is necessary to allow the process of urban replanning to occur (14). However, despite its necessity, he worries that the implementation of such a strategy will be difficult due to the ideal of individualism held fiercely by Western settlers in the colonies. He indicates that even the temporary termination of individual ownership to create communal land could invoke an extreme response. He admits that without land pooling, he fears ‘that the big stride forward, so often desired, will still remain the merest shuffle in civic shoe leather.’ (15). And as Home asserts, this was the result of much of the first generation of planners’ efforts (16). 
 
Overall, aside from legislative underdevelopment and local opposition, what this frank appraisal of the issues that faced Reade in Malaya reveals is twofold. Firstly, while the city planners were integrated into the colonial machinery, they were afforded enough separation to outline concerns about the colony – such as the rubber and tin industry being in a ‘slump’ and the existence of uncooperative settlers – in a public forum – the Town Planning Review – which many government employees weren’t afforded. Secondly, it is apparent that Reade, having spent most of his career managing largely settler populations in New Zealand and Australia, views the prospect of planning a city with an added racial consideration as a problem to negotiate rather than the opportunity that a planner like Patrick Geddes saw it for. He viewed land pooling and replanning subdivisions of land as particularly problematic because the majority of the landowners are Asiatic (17). Relatedly, earlier in the article he refers to ‘incidences of racial problems’ which he urges need to be ‘studied and clearly understood’ (18). While neither of these statements are expanded on, generally there appears, returning to the quote about legislation and machinery for ‘States largely peopled and worked by Malays, Chinese and various Indian Workers’, to be an anxiety that the tools and mechanisms of city planners and the state are not equipped to handle the governance of a multi-ethnic state and the challenges it poses (19). Given that two decades later the process of decolonisation in the British Empire began, this anxiety was not completely ill-founded. 



 
(6) Home, Of Planting and Planning, p.182 
 
(7) Reade, ‘Town Planning’, p.162 
 
(8) Reade, ‘Town Planning’, p. 164 
 
(9) Home, Of Planting and Planning, pp. 177-179 
 
(10) ‘Notes – Planting’, The British North Borneo Herald and Monthly Record, (Sandakan, 1st of August, 1892), p.256 
 
(11) Reade, ‘Town Planning’, p. 163 
 
(12) Home, Of Planting and Planning, pp. 185-187 
 
(13) Home, Of Planting and Planning, pp.149-176, specifically p.173-174 
 
(14) Reade, ‘Town Planning’, p.165 
 
(15) Ibid. 
 
(16) Home, Of Planting and Planning, pp.149-176, specifically p.173-174 
 
(17) Reade, ‘Town Planning’, p.162, 165 
 
(18) Reade, ‘Town Planning’, p.162 
 
(19) Reade, ‘Town Planning’, p.164 

  1. 1931 Garden Cities and Town Planning article cited in Home, Robert K., Of Planting and Planning: The Making of British Colonial Cities, (Taylor & Francis, 1996), p.173 []
  2. Home, Of Planting and Planning, p. 165 []
  3. Charles Reade cited in, Home, Of Planting and Planning, p. 167, Charles C. Reade, ‘Town Planning in British Malaya’, Town Planning Review, 9;3, (1921), pp. 162-165, p.164 []
  4. ‘The Birth of Town Planning’, UK Government, accessed 2nd of October, 2023, The birth of town planning – UK Parliament []
  5. Reade, ‘Town Planning’, p.165  []