86
recognized de facto as the officers of the Chinese
Government for the purpose of carrying out the treaties.
and this is demonstrated afresh each time one of his
Majesty's Consula addresses to them a protest against
treaty infraction. 30 far as the Canton authorities
are concerned it can no longer be held that they are
rebels against the govoriment recognized by in Majes-
ty's Government, because the nationalist authority, to
which they owe allegiance, is equally recognized with
the wiministration in Poking as the de facto govarıment
of the area it controls and diplomatic conversations
for treaty alteration have recently been conducted withi both govermenta on equal terms. I suggest therefore
that as the Courts must look to the attitude of nis
Mejenty's Goverment for guidance as to what is the
Chinese Government, they would be amply justified in
holding that the Nationalist Government ia much a
body for the purposes of the treaties and the ordi-
nancos founded thereon.
6. Article XXI of wie Tientsin treaty provides
that If criminais, subjecta of China, shall take
refuge in hongkong or on board British ships there,
they shall upon due requisition by the Chinese autheri-
tiss, be searched for, and, on proof of their guilt,
ba delivered un". if, as Your excellency fears, the
Courts will rule that, because the Chinese Government,
with whas this treaty was made, has disappeared, there is no suthority left in Chins which can benefit by it,
it follows logically that there is also no authority
arainat which it can be enforced.
in affect the Courta
would