Proposed control of street advertising (Legal opinion of Mr. Kum) - Cleansing Advertisement Campaign. 1943. Source: SMA (SMC), U1-3822 (0557-0605). 

Regulations governing the Application for Permission to Post Advertisements (undated) (1943). Source: SMA (SMC), U1-3822 (0605).

Regulations governing the Application for Permission to Post Advertisements. 

1. Advertisement matters shall be posted in specified localities only. 
I. The period of posting the advertisements shall be determined by the Commissioner of Public Works and shall not exceed 30 days. 
I. A fee of C.R.B. $0.20 per square feet shall be charge for advertisement matters posted with the necessary authorization. 
I. On expiry of the prescribed period the advertisers shall undertake to remove all the advertisements. The advertisement matters which still remain after the expiry of the specified period shall be removed by the Council, and the expenses incurred for their removal shall be charged to the advertisers concerned. 
I. The advertisers shall first obtain the consent of the owners of the structures, etc. on which the advertisements are to be posted. 

Notification (Draft) - Posting of Advertisement Matters (undated) (1943). Source: SMA (SMC), U1-3822 (0604).

Notice is hereby given that with a view to maintaining the neat appearance of the streets the Council has decided to strictly prohibit the posting without permission of all advertisement bills, posters, and other paper of a similar nature, on structures or electric poles in the roads and alley ways in the International Settlement including the district facing the Northern Extra Settlement Roads. 

Persons who desire to obtain permission to post the above mentioned advertisement matters are request to send in an application with specimens stating in the forms specified by the Council the kind of advertisement matters, size, number of sheets, places and period of posting.

Advertisements posted without permission will be removed and the offenders subject to the penalties in accordance with law.

For particulars, application should be made to the Public Works Department Cleansing Section (Tel. No. 13469) Room No. 39, S.M.C., Administration Building.  

Translation of letter to Secretary from the Commissioner of Public Works. Shanghai, April 5, 1943. Source: SMA (SMC), U1-3822 (0603).

I forward herewith a draft notification regarding the prohibition of the posting of advertisement matters and draft regulations governing the application for permission to post advertisements. Subject to your approval, I would request that the notification and regulations be published in Japanese and Chinese newspapers. 

Commissioner of Public Works to Secretary - informing him of the commencement of the Cleansing Campaign Week from May 1st. Shanghai, April 9, 1943. Source: SMA (SMC), U1-3822 (0584).

I have to inform you that at a Department meeting held today it was decided that the proposed Cleaning Campaign Week be commenced from May 1st. 

Would you please arrange to send our letter to the Japanese Army and Navy and other authorities concerned, whose addreses are given in my prevous letter, regarding the restriction of posting of commercial posters, etc. Please write letters also to the undermentioned 1) 總力報國會吱 (Zongli baoguohuizhi) 2) 上海日本居留民？？ (Shanghai riben juliu min ??)

Deputy Treasurer of Revenue to Secretary - Posting of Advertisement Matter - Letter from Commissioner of Public Works to Secretary, dated March 23 - File No. M13/11.  Shanghai, April 9, 1943. Source: SMA (SMC), U1-3822 (0579).

I am given to understand that the Public works Department will be entirely responsible for the carrying out of this scheme including the collection of all fees. The receipts from this source will not be credited to Ordinary Income but to a credit heading in the Public Works Department. 

Municipal Advocate to Secretary. Shanghai, April 12, 1943. Source: SMA (SMC), U1-3822 (0578).

With reference to your request for ou comment of the above entitled matter, we with to state that we highly endorse the idea of the Commissioner of Public Works, as contained in his draft Notification and Regulations. When such a measure is carried out, the streets in the Settlements will definitely present a better appearance. 

Extracts from the 6th Inter-Municipal Conference Minutes held in the French Municipal Administration Building on Friday March 26, 1943, at 3 p.m. Shanghai, March 26, 1943. Source: SMA (SMC), U1-3822 (0570-0574).

At the 6th Inter-Municipal Conference held in the French Municipal Administration Building on Friday, March 26, 1943, at 3 p.m., there are : Present : For the French Municipal Administration : Messrs. L. des Courtils, Director General ; O. de Sayve, Directeur des Finances ; A. Bougon, Sous-Dreiction Travaux Publics ; Ch. Grosbois, Sous-Direction de l'Enseignement ; J. Studer, Secretariat. For the Shanghai Special Municipal Government: Messrs. T.Y. Chao, Secretary General; K.C. Shen, Counsellor & Chief of Foreign Affairs ; K.C. Chen, Assistant Secretary ; E.L. Chang, Commissioner of the Bureau of Public Works; H.C. Weng, Chief Engineer. For the Shanghai Municipal Council : Messrs. S. Ozawa, Secretary; K. Ikeda, of the Secretariat, M.C. Liang, of the Secretariat. 

(Pao Chia Vigilance Corps Duty - Exemption of Municipal Employees: Mr . des Courilts refers to the discussions which took place at the Inter-Municipal Conference on September 10, last (1942) whereupon it was agreed that reciprocal arrangements be made between the three Administration for the purpose of according exemptions to Municipal employees from Pao Chia Vigilance Corps duty. In conformity therewith the three Administrations have exchanged lists of the employees affected (...).) 

(p.2/4) Zikawei Cree - Improvements. Mr. des Courtils recalls that at the Inter-Municipal Conference held in October last, he gave an account of the water frlow in Zikawei, Zung Hwa and Zakefang Creeks as so governed by the tides, and he also laid stress on the serious inconveniences caused to the Western rural district when at high tides the flow of the water in Zikawei Creek runs from East to West. 

It is disclosed that the dam built by the farmers on Zikawei creek, immediately west of the Railways Line, so as to prevent water in the Western part of the Creek from being polluted by the sewage water of the Concession, does not exist now. It has been substituted by an earthern dam located further est-next to the iron bridge facing the Tou-se-wei Orphanage. There is on the same creek another earthen dam built some 80 meters east of Place Paul Siu perpendicular to the Concession. This last dam built in 1933 was meant to prevent, at high tide, polluted water from flowing towards the Western rural districts. 

If it is true that the situation in the Western districts has been improved, it is not to be denied that these dams have brought about numerous dead-ends highly detimental to the Concession and Zi-ka-wei residents. 

Attention is directed to the conditions in that part of Zikawei creek which borders the French Concession which have become more and more alarming due to continuous silting and to the disastrous consequences this silting is likely to tend, having regard to the drainage system of the city. 

Bougon explains on a map that the remedy his Administration suggested last year is a solution to the problem - viz, periodical cleansing ot the creek through an artificial flush system made possible by means of dams with water gates. It has the advatange that, in flood periods, the water level could be kept below that of the drains and thus ensure a better flow for the water accumulated in the Concession. This, however, would require the building of several dams with water gates entailing quite a large expenditure, and accordingly it appears adivsable to postpone this project for the time being.
 
Nonetheless, the French Municipal Adminsitration strongly recommends that this question be jointly studied by the Authorities concerned and that a remedy, if only temporary, be brought about without delay. It is suggested that the intitial measures might be (1) removal of the two earthen dams and the drawing up of a dredging plan and (2) erection of a suitable bridge in lieu of the suppressed dam? 
After discussion, it is AGREED that the Shanghai Special Municipal Governement send its engineers and technical experts to discuss the problem with the representatives of the French Municipal Adminsitration, the first meeting to be held at the French Municipal (...)  

Report to Secretary from the Commissioner of Public Works - Control of Street Advertising (undated) (1943). Source: SMA (SMC), U1-3822 (0567).

Control of Street Advertising. In the attached report (tab. 1) the CPW recommends promulgation of a notification to prohibit advertising in the streets without a permit first obstained from the Council under the following conditions: 
1. Advertisement matters shall be posted in specified localities only. 
2. The period of posting the advertisements shall be determined by the Commisioner of Public Worjs and shall not exceed 30 days. 
3. A fee of $ 0.20 per square foot shall be charged for advertisement matters posted with the necessary authorization. 
4. On expiry of the prescribed period the advertisers shall undertake to remove all the advertisements. The advertisement matters which still remain after the expiry of the specified period shall be removed by the Council, and the expenses incurred for their removal shall be charged to the advertisers concerned. 
5. The advertisers shall first obtain the consent of the owners of the structures, etc. on which the advertisements are to be posted. 
The Deputy T-R in comment (see tab 2) states that the P.W.D will be entirely responsible for the carrying out of this scheme including the collection of all fees. 
The Acting Municipal Advocate (see report tab 3) highly endorses the proposal of the C.P.W. and adds that when such a measure is carried out, the streets in the Settlement will definitely present a better appearance. 

From an aesthetic point of view, it appears desirable to approve the measure proposed by the C.P.W. It is submitted however, that from a legal point of view the matter presents complicated issues.  

As long ago as 1913, the Councils examined the question of protecting the beauty of the city against disfigurement caused by indiscriminate advertising. Upon advice of its legal adviser Mr. Loftus E.P. Jones (see tab.4) the Council decided to introduce a Special Advertisement Rate which was adopted at a meeting of ratepayers held on March, 1914, as follows (see tab. 5). : 

- (p.2/4)  "That in addition to the General Municipal Rate authorized in Resolution V the Council be hereby authorized to impose upon the occupier of land upon which any building carrying advertisements, advertising hoarding or station is erected a Special Rate to ve assessed by the Council according the locality at the rate of from Tls. 0.05 to Tls 0.5 per annum per square foot of advertisement and to collect and recover the same". 

In levying this Rate the Council made it clear that is was not the Council's purpose to introduce a new source of revenue but to preserve the amenities of residential localities by restraining the appearance of unsightly advertisement. 

In 1921 doubts were expressed as to the legality of this Rate (tab 6). It was also pointed out that this Rate did not attain the object of preventing the erection of unsightly advertisements, and consequently the Revenue Office, in a report dated July 5, 1921, (tab 7), suggested that the whole matter be put on a more practical basis, by enjoining that no bill posting be allowed except on proper hoarding or stations the positions of which should be approved by the Council. This question was again referred to the Council's legal adviser, who in-written opinion dated August 3, 1921 (see tab. 8), stated that "until a Special Bye-Law is made, the Council has no power to prohibit the exhibition of advertisements on land or buildings so long as the advertisements do not in themselves contravene the law, and unsightliness is no such contravention. 

The matter was again raised in 1925, when the Revenue Office reported that it had been found impossible to collect advertisement rate in respect of the innumerable paper posters pasted indiscriminately on walls throughout the Settlement. The Finance Committee agreed that, legally speaking, the Council is not strictly within its right being conferred by mandate of the ratepayers, which could probably be successfully contested as being ultre vires the Land Regulations and Bye-Lasw, which provide no authority for such a levy" (see Tab. 9). 

In 1927, the question of controlling (taxing) bill posters, also trading flags was raised by the Revenue Office, the P.W.D. and the Police (vide tab 10, 11, and 12). The Council, however, decided to take no steps in the matter for the time being (see tab 13). It was pointed out that the only safe and legal ground upon which the Council could proceed would be to make a new Bye-Law for the regulation and control of hoardings and similar structures and signs used for the purpose of advertising, for regulating, restricting or preventing the (p.3/4-) exhibition of such advertisements in such places and in such manner, as to affect injuriously the amenities of a public park or pleasure promenade or residential area or to disfigure the natural beauty of a landscape (see tab.14). 

The foregoing is sufficient to show that the Council has no present bye-law or other provision to govern advertisements. By Bye law XXXIII it can control fences; hoardings, signboards or other structures abutting on any municipal road  or alley, but it has no power to control such strutures on private property whether they are advertisement hoarfings or boards or roof signs. The resolution passed at a ratepayers' meeting in 1914 authorized the Council to let a charge for advertisement hoardings as a special rate to be assessed by the Council under its power of assessment. This method, however, was of doubtful legality, and in practice totally unworkable. Advertisement charges have never in act been collected on that principle, but by place-meal arrangements with the advertising agencies and revenue collected on the basis of advertisement space on hoardings. The revenue collected in 1942 amounted to $165,067.11.

In October 1942, the Committee on Amendments to Land Regulations and Bye Laws, realising the desirability of obtaining this power for hte Council, recommended the inclusion of the right to regulate, control, censor or prohibit advertising (...) vide Proposed Land Reulation 32, para. 30, tab 15). 

Since the Council itself has no express provision to control advertising matter, it has been suggested that recourse might be had to the Chinese Law of Penalties for Breaches or Police Regulations, Art. 52 Section 3, which provides that "whoever... without permission, pastes any paper etc. upon the wall of any home, or other structure, or carves of draws pictures on same, shall be sentenced to not more than five days' detention of fined not more that $5 (see tab. 16). It is my submission however, that this law cannot be invoked for the purpose required, since it applied to police punishments for injuriing the person or property of another and does not therefore empower a Municipal Authority to regulate, restrict and control advertising. 

(p.4/4) The following questions are therefore submitted for your instructions: 

(1) Shall the proposal of the CPW be approved, having regard to the above observations? 
(2) If not, shall a new Bye-Law be made as soon as possible, which would empower the Council to issue the necessary regulations for the control of advertising? 
(3) Shall the matter be referred back to the Legal Department for reconsideration and further report?

Municipal Advocate to Secretary  - Posting of Advertisement Matters - Your No. M13/11. Shanghai, April 16, 1943. Source: SMA (SMC), U1-3822 (0564-0565).

Further to our comment of April 12th regarding the above metnioned matter (Posting of Advertisement Matters) we now wish to express our opinion from a legal point of view. 

The draft notification and Regulations proposed by the Commissioner of Public Works do not mention the case where an owner or occupier posts advertisement matters on his own structure or premises. From the draft Notification, one is led to believe that even a shop owner is prohibited from posting advertisement matters on his shop window without special permission of the Council. For instance, the Wing On Company on Nanking Road has, besides its store name, many advertisement matters either permanently or temporary put on the structure or posted on the shop windows. 

We do not believe that the Commissioner of Public Works has this class of cases in view. But he Notification is very inclusive, and from a legal interpretation, it does include this class of cases. If that is so, we are of the opinion that the Coucil is not justified in exercising this right, unless a new condition is inserted in the building or shop licence. We, therefore, propose that the first paragraph of the Notification be amended as follows: " Notice is hereby given that with a view to maintain the neat appearance of the streets the Council has decided to prohibit the posting, withtout permision, of all advertisement bills, posters and other papers of a similar nature, on buildings, structures, walls, trees or electrical poles in the roads and alleyways in the International Settlement, including the district facing the Northern Extra Settlement roads, except where advertisement matters are put up by the owner or occupier of the buildings or premises concerned. 

(p.2/2) On the whole, we highly endorse the idea of hte Commisioner of Public Works. We are of the opinion that the Council, in exercising its Police Powers, has perfect right to enforce the draft Notification and Regulations. Offenders may be prosecuted under Article 52, Section 3, of the Law of Penalties ofr Breach of Police Regulations. The said Article provides as follows: "Whoever commits any one to he following offences shall be sentenced to ... (...). Section 3. Without permission, pastes any paper, etc. upon the '...) . In addition the Council has the right to remove or destroy unauthorized advertisement matters by virtue of Article 16 of the same law which reads as follows : The following are subject to confiscation 
(1) Things used in the violation of Police Regulations 
(2) Things acquired through the violation of Police Regulations. 

Memorandum to Secretary  - Street Advertising - Control. Shanghai, April 12, 1943. Source: SMA (SMC), U1-3822 (0564).

In a separate memorandum submitted, I have endeavoured to show that the Council has no power at present, except by promulgation of a special Bye-Law, to regulate, control and prohibit street advertising. The Notification recommended by the C.P.W. is ultra vires the Land Regulations & Byelaws, it is submitted.  

With regard to the atttached comment by the Acting Municipal Advocate, and with due deference to him, may I offer a dissenting view. 

I submit that the amendment suggested by the Acting Municipal Advocate would defeat the purpose for which the proposed Notification is intended. 
The Acting Municipal Advocate cites Art. 52, Section 3 of the Chinese Law of Panlties for Breach of Police Regulations. It is submitted that this can easily be circumvented by obtaining the necessary permission from the owner of the property.

Commissioner of Public Works to Secretary - Street Cleansing Campaign - Ref. S.O. C. 1.13 dated 10/4/43. Shanghai, April 25, 1943. Source: SMA (SMC), U1-3822 (0562).
 
I am given to understand that the Public works Department will be entirely responsible for the carrying out of this scheme including the collection of all fees. The receipts from this source will not be credited to Ordinary Income but to a credit heading in the Public Works Department.
 
Commissioner of Public Works to Secretary - Street Cleansing Campaign - Ref. S.O. C. 1.13 dated 10/4/43. Shanghai, April 25, 1943. Source: SMA (SMC), U1-3822 (0562). 

With regard to Paragraph 4 (1) of the Principles underlying the Campaign, no notification is required as it is proposed to revise Bye-Law 25 on the lines suggested by Mr. Glathe in his letter to the Secretary dated 22/4/43. 

I submitted on March 23rd (Report No. E-43/188) a recommendation for publication of new regulations governing the posting of commercial posters, etc. on walls and buildings, and I desire to put the regulations into effect, if possible, before the Street Cleansing Campaign commences. 

Memorandum to Secretary  - Control of Street Advertising Memorandum to Secretary  - Control of  Advertising. Shanghai, April 8, 1943. Source: SMA (SMC), U1-3822 (0559).

Control of Street Advertising. The Commissioner of Public Works states that his Street Cleansing Campaign is being handicapped by the absence of authority to control street advertising. He has again consulted the Municipal Advocate, who strongly advised him to proceed with his plan of controlling street advertising, on the authority of the Chinese Police Law. 
The Commissioner of Public Works now sihese therefore, to reopen this matter, and would appreciate your approval of his scheme (tab. A). May I refer you to the reports tab. X, Y and Z.

The following questions are submitted for your decision : 
1) Shall we re-affirm the decision to take no action in this matter for the time being? (ok) 
(2) Shall we submit the matter for discussion by the Co-ordinarting Committee or the Works Committee ? 

Memorandum to Secretary  - Control of Street Advertising Memorandum to Secretary  - Control of  Advertising. Shanghai, April 16, 1943. Source: SMA (SMC), U1-3822 (0557). 

In accordance with your instructions, I have discussed the matter with the Municipal Advocate who now agrees that we have no legal power at present to control advertising. 
The Municipal Advocate has informed the Commissioner of Public Works accordingly. The Commissioner is satisfied.