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not
place in a British Possession".
On the other hand it is, however, to be
observed that the position taken up in this respect by His Majesty's Government if rigidly adhered to will in the case
under consideration deprive a man who is not merely a British
subject by the accident of birth, but who is bona fide a subject
of His Majesty the King, of that protection for his property to
which his British citizenship in law entitles him, and the facts
stated by him call for.
Such a result from the relaxation of the
general rule that citizenship carries with it the right to
protection could not have been contemplated by His Majesty's
Government, having regard to the fact that British subjects of
Chinese parentage in common with others His Majesty's subjects
are not only permitted but are encouraged to extend their trading
operations to the Mainland of China.
Chau Ngau Tsz, the petitioner, was born in
Hongkong in 1867 and has elways lived here; and he is in every
sense entitled to say of himself "civis Brittanicus sum". He
has been such for more than 35 years. He is a British Merchant,
of Chinese descent, carrying on business in Hongkong with a
branch at Swatow, and it was in the legitimate pursuit of his
business as such that the wrongs of which he complains were done
to him in the Dominions of the Emperor of China.
It seems to me that the British Minister
at Peking may properly be asked to consider whether in such a
case it may not be possible to make an exception to the general
rule laid down for the instruction of Consular Officers, and by
the interposition of his good offices secure for this British
subject that protection for his property which, on the facts
stated, he appears to need.
13th.March, 1908.
(Sa.) B. S. Berkeley, Attorney-General.