[This Document is the Property of His Britannic Majesty's Government.JO.
AFFAIRS OF CHINA.
CONFIDENTIAL.
[10911]
No. 1.
- 15537
16
TREE [April2 MAY 07
SECTION 10.
Sir J. Jordan to Sir Edward Grey.-(Received April 6.)
(No. 82.)
Peking, February 14, 1907. Sir,
I HAVE the honour to transmit to you herewith copy of a Circular which I addressed to His Majesty's Consuls on the 7th December, 1906, giving them general instructions as to the protection to be accorded to British Companies registered in Hong Kong and England.
I also have the honour to inclose copy of a despatch which I have received from Mr. Mansfield, His Majesty's. Consul-General at Canton, raising certain questions in connection with these instructions. In my reply, copy of which is also inclosed, I have been guided by the principles laid down in the Marquess of Salisbury's despatch No. 171 of the 13th October, 1898, to Sir C. MacDonald, and the opinions of the Law Officers of the Crown sent therewith.
In order to supplement my despatch of the 7th December and to obviate the possibility of doubt as to the scope of the instructions, I have addressed a further Circular, marked Confidential, to His Majesty's Consuls, quoting Lord Salisbury's despatch at length, and I hope that my action will meet with your approval.
I have, &c. (Signed) J. N. JORDAN.
Inclosure 1 in No. 1.
Circular to Consuls.
Sir,
December 7, 1906.
SOME doubt having arisen as the status of the Yang-tsze Shipping Company and its right to British Consular protection, it may be well that I should inform you, for your guidance, that in 1898 and again in 1905 the Foreign Office laid down that the fact of a Company's being registered in Hong Kong or in England does not ipso facto entitle it to such protection.
His Majesty's Consul should satisfy himself that a majority of the shareholders, as well as the Managing Board of Directors, are British subjects, and that the greater part of the capital employed in the business is also British.
J. N. JORDAN.
(Signed)
Inclosure 2 in No. 1.
Consul-General Mansfield to Sir J. Jordan.
(No. 7.) Sir,
January 25, 1907. REFERRING to your Circular of the 7th December with regard to the question of British Consular protection of Companies registered in Hong Kong or in England, I have the honour to point out that in the last paragraph it is not quite clear to me whether the word "majority" applies to the Managing Board of Directors as well as to
the shareholders.
I should also be glad to know your opinion as to whether the same rules should be adapted to the case of firms, i.e., whether I should satisfy myself that in such cases a majority of the partners and the greater part of the capital employed in the business are British before according protection.
This seems the common-sense inference to be drawn from the Circular, but the near neighbourhood of Hong Kong renders doubtful cases of this kind, in which
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