12
126
Colonial Office,
April 29, 1888.
28
1867, to be regarded as British subjects in China. Their father had, in fact, been born in China.
5. Ong Beng Tek, Amoy, 1888.
This man was born in Penang and held a certificate issued by the Colonial Government, but the consul at Amoy refused to register him as a (Confidential Print British subject until he produced proof that his parents were also British-
7070, No. 2.1
Mr. O'Conor. No.
221, October 3,
1898: No. 277,
No. 299, Decem. ber 31. 1898.
born subjects.
No instructions were issued pending negotiation of modus vivendi.
7. Case of Wang Ju Yü, Chinkiang, 1893.
In December 1892 the Chinese authorities at Chinkiang complained on various occasions to the British consul (who was also in charge of American interests) that an employee, conveying foreign-owned goods from December 6, 1893: the interior to the treaty port under transit pass, had refused to submit Certain them for examination at the li-kin stations passed en route. British and American merchants also complained that their cargo had been detained. In each case the name of the employee was Wang Ju Yu, whom the consul presumed to be a Chinese subject. On enquiry he found that Wang Ju Yu was employed by a number of merchants to escort their goods past li-kin barriers, and further, that he claimed to be a British subject, though the merchants employing him were unaware of the fact. neglected to register himself, had taken out no passport, and could not produce proof, satisfactory to His Majesty's consul, of his British nationality.
Sir C. MacDonald, No. 150. Novem-
ber 2, 1897; No.
155, Nov. 17, 1897; No. 174. December 16, 1897; No. 4, January 13, 1898;
He had
on
The Taotai wished to question the man and His Majesty's consul agreed, but stipulated that no steps should be taken until the man had had full opportunity of proving his nationality," which was agreed to
The the understanding that bail might be required for his appearance.' Taotai then removed Wang Ju Yü to a place in the interior and refused to release him. The consul subsequently ascertained that Wang Ju Yü had been registered in previous years at Shanghai and Wuhu, and that respectable Chinese vouched that both he and his father had been born in Penang. The Chinese authorities maintained that he was a Chinese subject wearing Chinese dress, a member of the Fukien guild, and that his name had not been expunged from the register of his native district. He gained a living by defrauding the li-kin revenue, and concealed his British nationality until he got into trouble. They fully admitted that, his father and grandfather having been born in Penang, he might be a British subject by English law; but not once or twice merely, but over and over again they declared that, no matter where a man or his parents were born, if they were of Chinese descent their allegiance to China was indelible and revived the moment they entered the country." Wang Ju Yü remained in custody from the 9th June to the 14th December, 1893, when he was released on the understanding that he should give a hond to leave Chinkiang. He was then fined 20 dollars and costs by His Majesty's consul on charges of neglecting to register and travelling in the interior without a passport.
8. Li Hsieh Yuan, alias Li Feng Ai, Swatow, 1897.
This man had received a passport from the Government of the Straits Settlements, in which he was described as a British subject born in Singapore of parents both British subjects, and was accordingly registered as a British subject at His Majesty's consulate at Swatow.
On the 21st October, 1897, the Chinese authorities arrested him in the interior and refused to release him on the consul's demand, alleging that he was a member of a treasonable secret society and that he had bought The case his passport and had wrongfully claimed British nationality.
was vigorously pressed in Peking, and the man was released on the 3rd November in a pitiable condition, scarcely able to walk, and with a No. 48. March 18, large open wound on his hip caused by flogging." The consul wrote to the Colonial Secretary at Singapore asking to be furnished with the proofs
1898.
29
of Li Hsieh Yuan's nationality, and was informed that the only evidence was the man's own declaration supported by the testimony of two witnesses, one of whom had since died and the other left the Colony. Sir C. MacDonald presented a demand for the payment of 5,000 dollars compensation, and for the dismissal of the Taotai, on the ground that he had disobeyed Prince Kung's instructions of 1866 immediately to refer to the nearest British consul as soon as such individuals claimed British nationality. The Chinese authorities, however, denied that he had when first arrested claimed British nationality. Sir C. MacDonald, with the approval of the Foreign Office, pressed his demands vigorously for several months, but the termination of the case was not reported to the Foreign Office.
No. 174, Decem- ber 16, 1897.
9. Oh Khun Yiong alias Khun Yiong, Amoy, 1897. Khun Yiong was born in the Straits Settlements in 1862 of parents Sir C. MacDonald, who were both British subjects of Chinese descent. When he was 5 years old he returned to Amoy and went to reside in the interior. He passed in China as a Chinese subject and traded at Amoy as a Chinese subject since Colonial Office, he arrived at the years of manhood. In the course of his trade he became indebted to a German merchant, who brought an action against him through colonial Office, the German consul in the Chinese court.
April 13, 1998.
The latter gave judgment against him, sequestered his property in the interior, and issued a warrant to arrest him and his son, a boy of 17, born in China of a Chinese mother. Khun Yiong absconded to Singapore, obtained a passport on the 20th September, 1897, on the faith of which he was registered as a British subject at Amoy on the 1st October.
December 28, 1897.
On the 9th October he complained that his property had been sequestered in the interior. His Majesty's consul wrote to the Taotai about the case, but on learning the facts offered no opposition to the execution of the judgment of the Chinese court. There appears to have been some public agitation over this case in Singapore, and a telegram on the subject was published in the London Times." The Chinese born The Times," in the Straits Settlements," it said, are very indignant. Everyone December 8, 1897. sympathises with them,”
10. Case of Attempted Fraud at Canton, 1898.
His Majesty's consul at Canton reported the following incident to Consul Brenan, illustrate the difficulties encountered by Her Majesty's consuls in dealing March 24, 1898. with cases where British subjects of Chinese descent are concerned.
-
Enclosure in Sir C. MacDonald's No. 75, April 19,
Recently, an Englishman named Raymond came up from Hong Kong 1998. and applied to me for a passport and a letter of introduction to the magistrate of the Hsin-Ning district in this province. His object was to obtain the release of a Chinese British subject, who had been imprisoned by the Hsin-Ning magistrate as a means of effecting the arrest of an absconding uncle, who had made off with a portion of the land tax collected by him.
The imprisoned nephew, so Raymond informed me, was a partner of Raymond's in some Hong Kong business, and as a proof that he was entitled to British protection he produced letters of naturalisation issued in Australia. The man's name in China was Yung Wing, and in his naturalisation papers it was Wong-a-Tek, and there was absolutely nothing to prove that the two names referred to the same individual except Raymond's assurance to that effect.
This Raymond had no idea where he was going; he was under the influence of liquor, and was in the employment of two Chinese who had a steam launch ready to take him away to their destination as soon as he had procured the necessary documents from me. Naturally, I refused to assist the man, and I told him to return to Hong Kong.
Two days later a respectable Englishman named Le Breton came
to see me on business. I happened to mention the Raymond incident, and he then informed me that the previous week. by a curious coincidence, he had been approached by certain Chinese in Hong Kong, who had offered