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a judgment, it provides a mode for enforcing just
claims on Chinese debtors whether there is a judgment
or not, who have property in Cina and who have run
away from Hongkong to avoid payment. No one knows
better than Fir P. Piggott that the judgments of
Foreign Tourts are not necessarily enforced without
enquiry y the Courts of another country, and, to
d'spose of his demand I need only draw attention to
a case very much in point, viz. that the British Courts
in China will not and cannot execute a decree of the
Fongkong Court until an action has been brought in one
of them to enforce that decree, and in such action the
defendant can raise certain defences. I agree therefore
with every word in paragraph (b) of Fr. Carnegie's
despatch.
The Thief Justicethinks that theold system of
requesing assistance through the executive will die out
if his system is aco, ted. I doubt it, for not only are
judgments not absolutely conclusive as I have already pointed out, but British subjects have Consular assist-
ance in any case. oreover, as he himself says, a
creditor is equally entitled to recover his debt where
the defendant resides as where the debt was contracted.
Chinese and foreigners might avail themselves of his
system, but it is just in such cases that care. is
required before caling on the British Consul to inter-
Judhment would probably be obtained ex parte,
and the Court would therefore not necessarily be seised
of the whole facts.
vene.
In this connection I must refer to two points on
which the Chief Justice asks that instructions should te
iven. viz. that the Consul should not enquire whether it is a bona fide case of absconding, and that he should receive the papers from a solicitor and not from the
Hongkong
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