:
339
that the British Assessor should be dismissed for his share
in the Mixed Court's action. He asserted (see enclosure
No.3 in Mr. Blackburn's Report) that these Spanish Regu-
lations are part of the Treaty, and therefore binding on
the Chinese Authorities. (The Regulations do not appear in
Hert slet's China Treaties, and I apprehend that they were never agreed to by the Chinese Government). The rest of my colleagues, however, unanimously supported Mr.Blackbum, and the Portuguese Consul-General made so heated a speech in condemnation of the Spanish Consul's action that considerable embarrassment was caused. I shall have the honour of dealing with this matter further when I forward copy of the Minutes
of the Meeting.
6.
On the 11th instant the Mixed Court (composed of the Magistrate and Mr.Blackbum) in a Chinese civil case (the Fokien Arsenal versus P'an Sung-chu
) gave a decision
of much importance (enclosure No.2 herein) on the question whether the jurisdiction of the Court is ousted by the fact that a defendant of Chinese origin is registered at a foreign Consulate, not merely as a protected person, but as
a national of the country represented by the Consul.
7.
can go
The Court decided that a certificate of foreign registration is not conclusive, and that the Court behind such a certificate and enquire whether in fact the
defendant has lost his Chinese nationality.
8. My Portuguese colleague, on the announcement of this decision, called on the Senior Consul (Monsieur de Rossi) and protested strongly against it. Mr. de Rossi in tum called on me and represented that the decision was a
/dangerous