672
6
If, therefore, the expression, "submission to the German Court in all legal matters connected with the land in the German Concession," mentioned at the end of the second paragraph in your despatch, means that the German law governing probate and administration, succession, bankruptcy, &c., will be applied to the property of foreign lot-holders—I think I may go so far as to say that we do not in the British Concession on Shameen claim or exercise any such authority over foreign-owned property. We appear to recognize foreign jurisdiction over the lots held by foreigners, although in certain cases that recognition is limited and conditional.
The British Concession on Shameen is divided into 82 lots. Of these, 61 are held by British owners; 11 by German; 6 by the Chinese Maritime Customs (in the name of Sir Robert Hart); and 3 by American owners. I append a list showing the number, area, and assessed annual rental of the lots held by the various nationalities. A preponderating British influence in the affairs of the Concession is secured by the clause in the bye-laws which provides that at least three of the five members of the Municipal Council must be of British nationality, and the authority of the British Government is safeguarded by the Consul-General's right of veto.
Of business firms of recognized standing, eight are German and seventeen British; at least four of the latter are agents for Shipping Companies, and as such have important business relations with the German houses.
Taking all the above circumstances into consideration, I venture to express the opinion that, as far as Canton is concerned, the refusal to sanction German purchases of land on a British Concession would not be desirable or advisable, and might possibly be prejudicial to British commercial interests. There is little likelihood of the Germans ever being able to obtain a Concession of their own in Canton. Shameen is, from a business and a residential point of view, far and away the most convenient site in the port. Were the Germans to be debarred from holding land on the Concession, they would either rent the premises they require or hold their lots in a British name. Their influence in the affairs of the Concession would still remain, and would be none the less potent for being exercised secretly.
It must be admitted that the German community in Shameen, taken as a whole, have little claim for consideration at the hands of their British fellow residents. In business, they are our most formidable, and at the same time unscrupulous, rivals. In the social life of the port, they have for many years past adopted an attitude of latent hostility to everything British, which has from time to time broken out into regrettable public disputes. Though comparatively few in number, their influence in public affairs is considerable, owing to their esprit de corps, which enables them, whenever a question assumes an international character, to sink their private differences and vote together as one man. In this, they present, I regret to say, a striking contrast to the British, of whom on occasions it may almost be said, Tot homines, quot sententiæ.
The Germans spare no pains to show the Chinese and the world in general that, even if Shameen is a British Concession, German interests are of equal, if not greater, importance than our own. Their new Consulate is quite the most imposing building on the Concession, and one of their new hongs, that of Messrs. Arnhold, Karberg, and Co., makes every other house on the Bund look small in comparison. They dispense lavish hospitality to Chinese officials; their men-of-war visit the port at frequent intervals.
This policy is reflected more or less openly in the attitude of their Consul towards the British Representative. While all the other Consuls show by their manner and their actions that they recognize that the British Consul on a British Concession has certain privileges and claims to take a leading part in public affairs, which they have not, the German Consul alone refuses to admit that his British colleague's position is in any way different to his own. One instance will suffice to illustrate my remark.
On a recent occasion, when the moorings of the river gun-boats off the British Concession were being rearranged by the Customs (which rearrangement, I should mention, gave the German gun-boat a permanent mooring for the first time opposite the German Consulate), the harbour authorities sent me a plan of the proposed moorings, and asked me to obtain the views of the Consuls interested as to their suitability. In response to my invitation, both the American and French Consuls met me at the Consulate; the German Consul refused to come, alleging a previous engagement. I learnt subsequently that he had not attended the meeting as he considered the matter should have been laid before the Consular Body by the senior Consul, and in any case, he objected to the Customs communicating with him in an indirect manner through the British Consul.
The German Consul's oft-repeated suggestion to refer matters to the Consular Body may perhaps be explained by the fact that of the ten Consuls forming that body, four are merchant Consuls, all of German nationality.
I think I have said enough to show that there is a disposition on the part of the Germans in Canton, not, perhaps, to dispute our authority and jurisdiction in this Concession, but to belittle and ignore it as much as possible, more especially vis-à-vis the Chinese. Under these circumstances, while, as I said before, I do not think we should be justified in depriving them of their privileges on the Concession, I do think that we should take every precaution possible to prevent an alien and hostile influence from interfering in any way with our right to govern and control this Concession. To this end, it should be our duty to see that the Concession's Regulations and bye-laws are strictly observed, and when the next occasion for revision presents itself, I would suggest that certain modifications tending to strengthen British influence in the Concession should be made in them. It might, for instance, be provided that all members of the Council must be British subjects, and the votes given by the present Regulations, under clause 17, to junior clerks in mercantile firms might with advantage be withdrawn. The suggestion with regard to an all-British Municipal Council I offer with some reluctance, as I feel that such a step might be regarded as a departure from our traditional policy of allowing foreigners a fair share in the government of British Concessions and Settlements in China; but I cannot shut my eyes to the fact that, as the rule stands, we run the risk of having a Council elected which, consisting of two German members and one British member subject to German influence, would be in a position to cause the British Consul considerable embarrassment, and might even succeed in doing irreparable mischief to British interests on this Concession.
Inclosure 6 in No. 1.
I have, &c. (Signed)
BRITISH CONCESSION ON SHAMEEN.
H. H. FOX,
LIST showing the Particulars of Lots held by Subjects of various Nationalities.
Nationality No. of Lots held Area in Square Feet Assessed Annual Rental. Dollars British 61 153,240 795,603 German 11 43,808 144,801 Chinese Customs 6 17,400 86,580 American 3 9,600 37,935 Total 82 224,040 1,064,920