563
42
defined by section X of the Code of Civil Procedure, subject only to the limitation contained in Ordinance 1 of 1861*.
While I do not for one moment question His Honour's right to be the sole judge on all questions of his jurisdiction over both Chinese and British subjects within the Colony of Hongkong, I am quite unable to accept his ruling that his jurisdiction extends to Chinese subjects in the Empire of China. I do not see how the provisions of the Hongkong Code of Civil Procedure or of a Hongkong Ordinance (His Honour is, I think, referring to Ordinance No. 2 of 1851 and not to No. 1) can be made applicable to Chinese subjects in China.
In the case of British subjects in China it has been found necessary to determine and define British jurisdiction by an Order in Council. In the case of Chinese subjects I know of no Treaty, Convention or Agreement between Great Britain and China whereby the latter have consented to a British Court of Law, even if established on Chinese soil, exercising jurisdiction over Chinese subjects.