PUBLIC RECORD OFFICE
Reference:
TILLIC.O. 882
6
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
34
Enclosure 5 in No. 28.
MR. GRAY to FOREIGN OFFICE.
(Received September 19.)
2, Paper Buildings, Temple, September 16, 1899. In accordance with the instructions transmitted to me by Mr. Bertie's letter of the 19th May, I have the honour to submit the draft of an Order in Council for the exercise of the jurisdiction vested in Her Majesty in and over the territory of Wei-hai- Wei and adjacent islands.
Mr. Bertie informed me that Her Majesty's Government had decided that the territories in question should not to be treated as part of Her Majesty's dominions, but that the precedent of Cyprus, an island similarly leased for an unascertained term,
should be followed.
I have also had before me a despatch from Vice Admiral Seymour to the Admiralty, dated the 12th December, 1898, and a further Report from that officer, dated the 14th June last, to which are annexed a letter from Commander Gaunt, dated the 30th May last, and a joint letter of Commander Gaunt and Vice-Consul Hopkins, dated the 11th June last.
With respect to the Report of the 14th June, and its enclosures, I have not received any special instructions informing me to what extent the Secretary of State concurs in the proposals of the officers named.
It is obvious that the constitution given to Cyprus by the Order in Council of 1878 is framed on & scale exceeding the present needs of Wei-hai-Wei. It will, however, be found that Part II. of the draft Order follows in its main lines the Cyprus Order.
The supreme administrative authority is vested in the Commissioner. assistance of the Judge, he is also the legislative authority.
With the
Article 2 gives effect to the provision of the Convention with respect to the walled city of Wei-hai-Wei, if I have correctly understood that provision. I have assumed that the Chinese officials are not to exercise jurisdiction over a British subject who may be in the town, and that their jurisdiction must be controlled by considerations of peace, order, and good government affecting the leased territories.
A High Court is established consisting of the Commissioner and a Judge. The be former will naturally be for the most part a Judge in name only, though it may convenient, that he should be able to sit during the absences of the Judge.
The suggestion of Commander Gaunt (30th May last, paragraph 9), which is supported by Vice-Consul Hopkins, that Chinese as well as British magistrates should be provided for, has been provisionally followed; but the appointment of any magistrates is left to the discretion of the Commissioner. In any case, the High Court will have concurrent jurisdiction, and may take cognizance of any case. It is proposed that a Chinese Magistrate shall not have authority to try a British subject or foreigner (Article 18).
There will be no trial by jury, and assessors will be employed at the discretion of the Court only when questions of native law arise. A corresponding provision might be made for grave cases where the accused is a British subject or foreigner; but I doubt whether British assessors, other than military or aval officers, will be available.
The criminal law to be administered will be that of England; in civil matters the same law will prevail, but the Court has power in native cases to give effect to Chinese law and custom (Article 19). The same provision is made with respect to matrimonial matters and to probate and administration,
Appeals will be from the High Court to the Supreme Court at Hong Kong, as suggested by Mr. Davidson; but there will be no appeal in criminal matters except on questions of law reserved by the Court, or raised by the prisoner. In civil cases, if the amount in dispute is $500 or over, there is an appeal as of right, but in any other case the High Court or the Supreme Court can give leave to appeal.
The criminal and civil procedure set forth in Parts IV. and V. has been inserted (notwithstanding the legislative powers granted to the Commissioner) in order that the Courts may have a procedure to work upon from the first. The procedure has been drafted after an examination of a considerable number of Orders in Council.
In two matters of criminal procedure I have suggested alterations of practice :--
1. When the Magistrate holding a preliminary examination is also the Judge before whom the trial will take place, it seems unnecessary that the whole of the
35
evidence should be taken by him first as Justice, and afterwards repeated before him as Judge. In Article 25 (2) it is proposed that as Boon as the Magistrate has heard sufficient evidence to raise a strong presumption against the accused, and to enable him to frame a charge, he may proceed to frame a charge and appoint a day for the trial.
2. In like manner, under Article 43, the Magistrate is relieved from the necessity of holding a double inquiry as Coroner and as Justice.
I have, &c.,
8931.
No. 29.
COLONIAL OFFICE to WAR OFFICE. [Answered by No. 32.]
A. GRAY.
SIR,
Downing Street, March 28, 1900. I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 17th instant, forwarding copy of a letter from Colonel Dorward, R.E., Dec. 22, in which proposals are submitted for the civil administration of Wei-hai-Wei.
❤
1899. Sir C. Mac-
2. Colonel Dorward's proposals seem to Mr. Chamberlain very practical and reason- Donald to able, but he would be glad if in the first instance the Marquess of Lansdowne would be so Lord Salis- good as to cause Colonel Dorward to be instructed to discuss them with Sir Frank bury (in Swettenham, of whose approaching visit to Wei-hai-Wei Lord Lansdowne was informed 8727). in the letter from this Department of the 19th instant.†
3. In this connection I am to enclose a copy of a despatch from Her Majesty's Minister at Peking to the Marquess of Salisbury, which has been received from the Foreign Office, and to say that it is presumed that his Lordship would nominate Colonel Dorward as Governor or Administrator of the leased territory when it is taken over by this Department.
4. I am also to acknowledge the receipt of your letter of the 21st instant,§ forwarding copy of correspondence with Colonel Dorward, respecting the provision of quarters for civil police, and the carrying out of other improvements on the Island of Liu-Kung.
5. If this island is eventually constituted a separate municipality under a joint military and naval board, as was suggested in the letter to the Admiralty, a copy of which was enclosed in the letter from this Department of the 19th instant, it will become a question for consideration whether the expenditure referred to in paragraph 2 of Colonel Dorward's letter should be defrayed from civil funds or from such municipal funda as may be available.
6. I am, however, to observe that in the meanwhile it would seem desirable that only such expenditure should be incurred in connection with the civil administration as is considered absolutely necessary.
7. Mr. Chamberlain assumes that there is as yet no civil police force on the island; and it appears to him therefore that the provision of quarters for such a force might properly be postponed until he has had an opportunity of consulting Sir Frank Swettenham ok the subject.
8. I am to add that Mr. Chamberlain would be glad to be informed whether there is any objection to the military police continuing in the meanwhile to perform such police duties as are necessary, as he presumes that they have done up to the present.
13065.
· No. 30.
I am, &c.,
H. BERTRAM COX.
SIR C. MACDONALD to the MARQUESS OF SALISBURY. (Received April 2, 1900.)
(No. 31.)
MY LORD,
1
Peking, February 11, 1900.
In his despatch No. 324, of the 13th November, 1899. Mr. Bax-Ironside reported that the question of delimiting the boundary-line of the leased territory at Wei-hai-Wei had been referred by the Tsung-li Yamên to the Governor of Shantung.
• No. 20.
3855.
† No. 22.
Enclosure in No. 19.
No. 26.
B%
36
I have now the honour to transmit to your Lordship translation of a note which I have received from the Yamên embodying the Governor's report on the subject. Your Lordship will observe that three Commissioners have been appointed on the Chinese side to co-operate in marking out the exact frontier.
I have duly forwarded a copy of the Yamên's note to Her Majesty's Commissioner at Wei-hai Wei.