98
.
course would be to amend the definition of british
subject* in Article 3 of the China rder in Council,
so as to exclude from it persone who possess Chinese
nationality under Chinese law, other than persons who
have been less than six months in China. thether the
Chinese Government will now make any arrangement to
cover transient visitors is doubtful and unless they
are prepared to amend their nationality law to cover
such visitors, we should still have the same conflict
of jurisdiction though cases might be rare. But, as
stated above, I should be quite prepared to leave out
of consideration the question of the transient visitor
and see the definition of British subject amended quite
simply to exclude those who possess Chinese nationality
under Chinese law. The transient visitor would still
be entitled to the good offices of consular officers
and if we are not prepared to contest the jurisdiction
of the Chinese Court in such a good case as kr, Tseng's
it would not be worth while, in my opinion, delaying
a final settlement of this question by attempting to
maintain a last remnant of jurisdiction in the case of
the transient visitor.
I have the honour to be,
sir,
Your most obedient,
humble servant,
(Signed)
J.F. BREN AN,
Consul-General.