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SIR H. DE SAUSMAREZ.
་ ་
LECTURES AT HOME ON CHINA'S
AFFAIRS.
Lecturing recently at King's College, Strand, Sir Havilland de Sausmarez, who from 1903 to 1991, when he retired, Wan Jadge of HBM's. Supreme Court for China, read a very interesting paper on The Extra-Territorial Court. From it we take a few points.
In the first part of the lecture he dealt with extraterritorial furisdiction ia ita historic sqase, particularly as applied to commerce, showing how it dated from the Roman times and came through the Middle Ages, during which period the areas trading republics of Venice. Genou and Pisa played a prominent role, as did the Levant Company in Queen Eliza both's reign. Their example was follow- ed by the East India Company. Sir! Havilland then dealt with the creation of the extraterritorial jurisdiction in China and in tropical Africa He concluded this part of the lecture with the follow ing remarks
The end of the last century was the time when the extraterritorial jurisdiction of the Crown was most extensively exercised. Since that time it has been resigned in Japan, Koren, Siam and Turkey, whilst the necessity for it in Africa has largely disappear- ed with the partition of that CDA- finent. It still is exercised in several countries to a greater or less extent and at the present is probably more scientifically exercised in China than it has ever been, either there or else. where."
The second section of the lecture dealt more especially with the jurisdiction, of the British Crown and how it was exer cised, especially under what were called though this was a word Capitulations, confined to Turkey. The lecturer showed how His Majesty in Council created Courts with power to administer the law prescribed by him and subject to limita tions which might be imposed by the Order in Council creating them.
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be provided with a considerably more Boxing enthusiasts in the Colony should satisfactory contest when Cartlidge' and Dupré meet again on June 13th than was the case at the men's last encounter.
the ring on that occasion the feasibility It is possible that before they entered
of a return contest had occurred to the minds of both of them. In the history of Bir Havilland remarked that while the the boxing game it has happened en power to make' regulations was wide, it
occasion that two equally or nearly was definite and must be strictly constru- equally-matched men have had very ed. It was fully discussed in a case which little between them at the end of their arose in China, in which the validity of arst encounter, but at a subsequent meet- a regulatica which modified the law of ing each has gone all out for victory," and contract was challenged. Sir Havilland gave details of this case, in which the one has won decisively. plaintiff who was a member of the Shung hai Stock Exchange brought an action in respect to the purchase of shares. This part of the lecture was summed up 33 follows:-
History, perchance, may repeat itself nest Saturday week. In any case, both
are intensely anxious to show the that a stirring contest may be expected. Hongkong pablie their real strength, so
The terms of the next fight are that It appears then that a complete body Dupré will receive $1,500, win, lose, of Law has been provided for the Extra or draw, and $250 for expenses in the territorial Court, consisting of the Eng event of his winning, while Cartlidge lish criminal law, supplemented by Re-is to receive $750, win, Inse or draw. gulations applicable in the jurisdiction
of the court and made locally and of his training, and will enter the ring a Cartlidge is progresaing splendidly in the English civil law, both being appli
cable in so far as circumstances admit, it man. The numerous section of It is not always easy to determine whethe public who consider that he should ther circumstances admit of the appli have been awarded the decision last time cation of a statute which forms part may be sure that he will do all he can of the English law, as for instance when to eat it on Saturday work there is no local machinery to put that NO BASEBALL YESTERDAY. ·
Statute into forces; but it has at all
events been decided that it is the prim
..
أم
ciple of the law and not the letter of Owing to yesterday's. rain, the baseball each section of an Act, which must be match between the Hongkong Baseball A team from" the U.S.S. regarded as the first test of applic- Club and
ability. It must also be remembered Sucramento, which was to have been. that this body of law is applied sub-played at Happy Valley, was postponed. jeet to the provisions of the provisions
of the Order in Council which applies
it, and that that Order often supplies "There are certain people who are not an indication which will enable a Court in finance who seem to think that if to apply the law to the matter before they have a shilling in one pocket and 'it.'*
a rouble in the other they understand!
In the third part of his lecture Sir international finance.-Sir Frederick Havilland dealt with the relationship of Wise, M.P. the Extraterritorial Court to those who might be its suitors, whether British or foreign.
THE CHEATER DUTY OF FOREIGNERN.
:
In the fourth place Sir Havilland dwelt with the practical need in the everyday He reviewed the situation in China life of our foreign trade with countries and laid stress upon the value to the possessing a civilization differing from British community of possessing their our own of such a jurisdiction as is ad own Court and laws, after which he pro-ministered by Extraterritorial Courts. He flaid strees on their value and on the need ceeded to remark :---
WHEN CHINA DOES LIKEWISE,
The foregoingTM! immunities and privil to ensure that the citizens enjoying the eges are not the only ones enjoyed protection of these' Courts did not abuse under extraterritoriality, but I have the hospitality of the country or their Alter thought it desirable to indicate how specially favoured position in it. fall they are, that we may appreciate narrating briefly events in China since what a disturbance would be effected the first war with the country, and laying by their surrender unless and until stress upon the vast volume of trade there is something to put in their place, which had arises, Sir Havilland, pointed and further that we may realize the out that if the British Crown had so obligations" we are under to a people jurisdiction in China there would be no amongst whom we live in their own possible occupation of these ports and country, to conduct ourselves properly consequently the immunities of British and to deal fairly and honestly by subjects would not exist. them. There is one provision to this end to which I must call attention, which is that every. British subject retion of extraterritoriality depended upon
Finally, he pointed ont that the "aboli maizing in China must register himself assurances that trade with China could with his consul every year. This is be carried on safely under China's law condition of his protection and is and Government, and that if the Chinese * safeguard against persons of undesir able character entering, the country, the prejudice of law and order. Nories they must show that the old condi must overlook the ample powers of Bir Havilland's own view as to whether,
tions had changed. As a matter of fact, deportation enjoyed by the Courta," under the control of the Supreme circumstances had improved since 1850 Court, which enables the British author could be summarized in the remark: ities to remove from China such pér sons as may be dangerous to the peace or who have committed serious crime. Independently of trade, and even in- depondently of whether we succeed or not, the faith of the ordinary suitor in the intention of our Courta to do jus tice must assist a cummunity living under the jurisdiction of its own Courts in a foreign land to secure the good-: will of those among whom it lives and with whom it trades.
Now in China there is
BD added value tothe British community in their Courts because British trade has been of such great importance as compared with that of other nations, that English is the language of International com merce and English Juw governs many contracts made between parties of dif ferent nationality. Thus, even when disputes cannot come before our Courts, it is well, for us that our law, should be held in such high respect that strangers are prepared to be bound by it and to appeal to experts in that law to arbitrate in their disputes, (Continued on neas Column).,
wanted a revision of the existing. Trea
44 Save that the necessity to the Chinese people of European and Ame- rican commodities bas immeasurably increased there is little, if any, im- provement in the situation at the pre- sent time. "
He closed the lecture with a little anecdote:-
About twelve years ago there called on me a Chinese gentleman, who had been charged by the Government at Peking to inquire as to the establish. ment of our system of administering conversation he took my breath away justice in China. In the course of our
by asking" without any preliminary Would you advise us to have lawyers -in China."- "I thought a moment and then the answer, cune to me I took an English law-list from the shelf and showed it to him. I said "In this book.. "are the names and addresses of every lawyer practising in England, and Wales What said he, All those lawyers in England, and you know all about them." I said " Yes, when you can do the same for China, you are ready to have inwyere"- Baily News
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93
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