[This Document is the Property of His Britannic Majesty's Government.]
G. 0.
471
AFFAIRS OF CHINA.
CONFIDENTIAL,
9970
[February 28.]
SECTION RECE 19 MAR 07.
[6619]
No. 1.
Consul-General Sir P. Warren to Sir Edward Grey.-(Received February 28.)
(No. 1.) Sir,
Shanghae, January 25, 1907. IN accordance with instructions received from His Majesty's Minister I have the honour to inclose herewith:-
Copy of despatch (and inclosures) dated the 29th December, 1906, addressed to His Majesty's Minister respecting the amendments of the Shanghae Mixed Court Regulations.
Copy of a Memorandum by Sir Havilland de Sausmarez on the same subject.
I have, &c.
(Signed) PELHAM WARREN.
(No. 190.) Sir,
Inclosure 1 in No. 1.
Consul-General Sir P. Warren to Sir J. Jordan,
Shanghae, December 29, 1906. I HAVE the honour to acknowledge receipt of your despatch No. 103, Confidential, of the 22nd November, inclosing the text of the supplementary amend- ments of the Shanghae Mixed Court Regulations in the form which Chinese Government has declared its willingness to accept.
In consequence of the illness of Sir Havilland de Sausmarez I have been unable to consult with him as instructed in your despatch under acknowledgment, but I have discussed the question fully with Mr. F. S. A. Bourne, the Assistant Judge, who has furnished me with a Memorandum on the subject, copy of which I have the honour to inclose, and I fully concur with the views therein expressed.
Mr. Bourne, I need hardly point out, has had exceptional opportunities of forming an opinion on the working of the Mixed Court, having for some considerable time acted as Assessor in the Court.
I further inclose copy of a Memorandum drawn up by the American, German, and British Assessors, suggesting certain alterations in the proposed amendments which in their opinion are desirable. The proposed alterations appear to me to be advantageous, while they do not involve any radical alteration of the text.
With regard to the proposal to insert after paragraph 2 of Rule 6-a paragraph to the effect that "in all cases the warrants, summons, or order of the Court shall be executed or served by the runners with the assistance of the Municipal Police "-I think this rule is essential, and would extend it to the serving of all warrants and orders, whether issued by the Mixed Court or any other Courts. The necessity for this rule is shown by the fact that the City Magistrate has on occasions attempted to execute warrants in the Settlement through his own runners without the assistance of the Municipal Police. Further, it would be useful to stipulate that all warrants of arrest and execution issued by the Mixed Court should be received and executed by all native Courts throughout China. It often happens that the Chinese defendant in a suit has property elsewhere than in the Settlement which cannot be attached without the aid of the Court in which the property is situated.
With respect to Regulation No. 5, regarding the sanitation of the Mixed Court gaol, I do not think it likely that there would be difficulty on this point. The Chinese authorities have already recognized the position of the Municipal Council with regard to buildings in the Settlement, and have applied for a permit to build the new gaol," or rather "house of detention," which has been granted. It is somewhat remarkable that in the Chinese version the term used for the Mixed Court gaol is the same as that to which the Viceroy so strongly objects when applied to the Municipal
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