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that I entirely concur in Ir. Carnegie's despatch.
(a) I see no need for a double enquiry; so long
as the Consul is satisfied that there has been an
adequate enquiry he can press for the Bat isfaction
of the debt, It does not appear from the correspondence
that a double enquiry has taken place in the past; but I must point out that, if the Consul is to prens the Chinese authorities with effect, he must be himself satisfied of the good faith of the applicant.
(b) If the debtor has absconded and the Consul is satisfied that he has, the Judgment of the Hongkong Court is enough to warrant his pressing the Chinese authorities, but the debtor may show thathe has not absconded, that the case is one wich was heard in his absence and that he has a good defence. The duty of the
"justice
Chinese authorities and the Consul is to see
done between the parties" and I do not see how they are to do so unless they have power to enquire. The Judg→ ment is enoughto warrant the Consul in making his aplication under te treaty, but it is not made bind- ing on him or the Chinese authorities.
(c) I should imagine that Fongkong merpants would loudly protest at being placed under the disadvantage proposed in this paragraph. The treaty
is not drawn to deprive British subjects of their rights. The Consul is bound to assist British subjects independently of the Treaty, and Article 23 is a special article extending their remedies in the case of liongkong. An investi ation of the claim by the Chinese Courts" would put off the recovery of the debt to the Greek Calends, and I cannot see why ritish subjects, even though resident in Fongkong, should be forced in this indirect way to get a jud pmt from the Tiongkong Courts which those Courts are unable to enforce.
2
Moreover the whole policy of the. Treaties and Orders in Council in to get a settlement of disputes between critis: subjects and-hinese without