A06
OPY.
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#CLOSURE NO. K IN ACTING CONSUL GENERAL AT SHANHAI'S DESPATCH 10.123 OK
15 MAY 1922 TO PEKING.
"North-China Daily News". 12 may, 1922,
FOREIGN REGISTERED CHINESE.
Jurisdiction of mixed Court Asserted: Definite
Ruling on Procedure.
An important decision regarding Chinese claiming
foreign nationality was given in the Mixed Court yes -
terday, definitely establishing the mode of procedure.
The Fokien Arsenal brought a claim against Pang Sung-
chin for Tls.15,000 and after the case had gone through
various stages Mr. Tycho Wing eventually secured
judgment by default for the plaintiffs.
The defendant then retained Dr. 0. Fischer to
argue on the ground that the court had no jurisdiction
as he was a Portuguese, born in Macao in 1878 and
receiving his papers in 1910. Dr. Fischer yesterday applied to ar. Blackburn (British Assessor) and Magis-
trate Kwan for instructions.
The following decision was givent-
Then he has
The principle we wish to establish is that any
person against whom proceedings are brought in this
Court cannot merely ignore its summons on the ground
that he is registered in a foreign Consulate, but must
appear and plead to the jurisdiction. appeared and pleaded the Court will then decide whether
he is subject to the jurisdiction of this Court or not,
and will for this purpose pay due regard not only to
the Chinese Law and the treaties between China and
foreign nations, but also to the particular circumstances
of/