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promote legislation enabling German subjects resident in foreign Concessions in China to be placed under the jurisdiction of the Consular authorities of such Concessions--an arrangement which at present is contrary to German law.
The position at present, as Dr. Kriege frankly admitted, is that the German Concession authorities are directed to insist on alien residents and their national authorities accepting a status which German residents in other Concessions cannot be allowed to submit to.
The French, Russian, Italian, and Belgians likewise decline to approve of their nationals accepting the German rules, and the French and Russian procedure as to alien residents in their Concessions is identical with ours. that the Japanese, whose Consul has approved the rules more than once, will follow Dr. Kriege opines, however, the German precedent, which places foreigners in a residents, for, though claiming complete jurisdiction over natives within their Concession, the Germans try them in a Mixed Court presided over by a German and a Chinese officer.
Of the two British holders of lots in the German Concession here, the British Cigarette Company signed the rules; but Mr. Flaherty, then my Vice-Consul, only witnessed the signature and certified the authority of the agent who signed them. Messrs. Vestey Brothers also signed the rules, and Mr. Combe, in my absence at Kuling and without consulting me, approved them. In the latter instance, as when my predecessor in 1898 approved the British subject Cain's accepting similar conditions for the recognition of his sole ownership of land within the German Concession earlier bought from Chinese, it is very probable that the exact bearing of the second rule on the personal liability of the alien lot-holder to be tried in the German Court was not fully explained. The wording might well be taken to mean nothing more than the recognition of Concession rules and of the Concession nation's law respecting the transfer, mortgage, and demise of land, which is all we ask of alien purchasers of our lots, especially since German and other foreign residents on our Concession have for forty years claimed and been granted the right of being justiciable only by their own Courts, and had successfully denied the right of our police to enter their premises without the written permission of their Consular authorities.
I should myself have inclined to this interpretation, but for a visit some time ago from my French colleague, whose assurance of the extent of the German claim was formally confirmed by Dr. Kriege.
I submit that, legally, a Concession is distinguished from a Colony, within which the owner's national law and Courts have sole jurisdiction, by the fact that China has not parted with her original ownership of the soil, and so extra-territorial rights have not been extinguished.
This distinction is recognized by the German authorities, for when my United States' colleague claimed exemption for certain taxes on his house within their Concession, on the plea that this was the regular privilege of foreign Consuls resident in Germany and its dependencies, this application was rejected on the express ground of the Concession not being German territory.
I have, &c.
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Consular officer to approve an undertaking by a British subject in China the effect of which is to remove him from the jurisdiction of the British Courts, and to render him liable to prosecution, fine, or imprisonment under the law and by the Courts of some I should be glad, therefore, if you would satisfy me as to the exact meaning of the second of your Regulations for the purchase of land.
other nation.
I have, &c. (Signed) E. H. FRASER.
Inclosure 3 in No. 1.
Herr von Loehneysen to Consul-General Fraser,
Sir and dear Colleague,
Hankou, December 3, 1907. IN reply to your letter of the 28th ultimo. I beg to inform you that every owner of a piece of land situated in the German Concession is bound to observe the "Regulations for the Purchase of Land," of which I inclose three copies.
Therefore, the intending buyer of a piece of land in the German Concession has "to submit to the German law and jurisdiction in all legal matters connected with bis land and his position as a member of the municipal community" (obligation under 2), and to sign "a declaration in writing to the effect that he personally submits to the above Regulations, which declaration, if he is a subject of a Treaty Power, must be approved by his Consul" (obligation under 5).
As the owner has to submit to the German jurisdiction in all legal matters connected with his land, he has to appear, in case of non-observance or infringement of the Concession Regulations, before the German Court, in accordance to his declaration approved of by his Consul. This submission to the German jurisdiction is, of course, an exception to the rule, according to which every foreigner in China is exclusively submitted to the Courts of his own nationality; but this exception refers only to legal matters connected with his land in the German Concession. In order to enforce a judgment of the German Court against a foreigner we should only be able to take hold not of the person, but of the piece of ground, and have it sold or arrested.
In every other respect we should have to apply to the Consul of the foreigner in question.
Yesterday Dr. Kriege had the honour to submit to your inspection a document wherein Sir Pelham Warren in 1898 approved of the declaration written by Captain Cain, intending buyer of a piece of land in the German Concession, in which Mr. Cain had submitted to German law and jurisdiction.
I should feel much obliged if you would let me have your valuable opinion as to whether you can agree with Sir Pelham Warren's point of view or not.
I have, &c. (Signed) v. LOEHNEYSEN,
Consul for Germany,
(Signed)
E. H. FRASER.
Inclosure 2 in No. 1.
Consul-General Fraser to Herr von Loehneysen.
Sir and dear Colleague,
MR. EVERALL, a British subject, informs me that before Lot 42 in the German
Hankow, November 28, 1907. Concession can become his property your Office requires that he sign, and I approve his signing, a submission to certain Regulations which he produces governing the purchase of land in your Concession by other than German subjects.
These Regulations seem to be generally similar to the system in force in this and the other Concessions in regard to alien purchase of lots, but I do not find the usual statement that, in case of non-observance or infringement of the Concession Regulations and bye-laws, the defaulter will be brought before the Court of his own nationality.
I am, of course, quite willing to guarantee the enforcement upon my nationals who acquire land or house property in your or any other Hankow Concession of all its Regulations and bye-laws; but, in my opinion, it is not in the power of any British
Inclosure 4 in No. 1.
Regulations for the Purchase of Land.
THE landowner is bound-
1. To become a member of the municipality of the German Concession at Hankow, in accordance with the statute of the community, to fulfil the duties in connection therewith, and to submit to the Police Regulations of the Concession under penalty of a stipulated fine, the amount of which shall be equal to the highest fine provided for in the respective Police Regulation.
2. To submit to the German law any jurisdiction in all legal matters connected with his land and his position as a member of the municipal community.
3. To guarantee that the obligation under 1 and 2 are also taken over and carried out by his lessees, tenants, or any other person or persons to whom he may transfer his rights, as well as by sub-lessees, sub-tenants, &c.
4. To obtain the formal consent of the Imperial German Consul at Hankow before any sale or transfer of his property to any person not being a German subject is
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