PUBLIC RECORD OFFICE
Reference :-
myimmi TTC.O. 882
6 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH—NOT TO BE REPRODUCED PHOTOGRAPHIC-|
(Memo. not sent.)
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VIII. Whenever lawsuits arise between persons resident within the Territory and persons.resident without, the cases shall be tried by the official of the defendant's district, and it shall be open to the official of the complainant's district to attend to watch the proceedings.
In case of appeal by either party, and on production of sufficient evidence, the case shall be retried by both officials, and the law to be administered shall be the law of the defendant's district.
IX. Serious cases, including those of murder and burglary, in which persons resident within and without the Territory are concerned, shall be tried by both British and Chinese officials, and the convicts punished according to the law of their district. X. If offenders from within the Territory take refuge without the Territory, the Chinese officials, on due requisition being made to them by the British officials, shall do their utmost to arrest such offenders and hand them over to the British officials, and vice versa.
Neither British nor Chinese officials shall, on their own authority, send runners across the frontier to make arrests.
XI. Whenever a person resident within the territory is arrested by the Chinese officials for any cause, the latter shall immediately inform the British officials of the fact, and vice versa.
XII. Any cases not provided for above shall be dealt with by mutual arrange- ment between the British and Chinese officials.
(No. 17.)
SIR,
Enclosure 2 in No. 28.
COMMISSIONER, Wei-hai-wei, to GOVERNOR of Shantung.
April 19, 1901. On December 24, 1900, I received a despatch from the Chefoo Taotai, in which he informed me that Your Excellency had instructed him to appoint deputies to confer with me on the regulations to be adopted regarding the frontier land-tax.
[Despatch quoted in full.]
The same day the deputy Cheng Yun-han and the Wen-teng and Yung chiêng Magistrates arrived at Wei-hai-wei, and informed me that the Chefoo Taotai had draiced five regulations regarding the settlement of the frontier land-tax, which he had instructed them to discuss with me.
I then appointed Messrs. Barton and Schaller to confer with the deputies, with the result that in addition to adopting the five regulations proposed by the Taotai, seven other regulations were drawn up and submitted by the deputies through the Taotai for Your Excellency's consideration.
On April 6th the Wên-têng and Yung-ch'êng Magistrates again visited Wei- hai-wei, and informed me that the proposed twelve regulations had been submitted by you to the Provincial Treasurer, Judge, and Foreign Affairs Bureau, who had suggested certain alterations in five of them, and that, in consequence of this, they had received instructions from you through the Taotai to confer with me again regarding the proposed alterations.
On the 8th instant, the Magistrates conferred with Messrs. Barton and Schaller and urged their reasons for the alterations, but having received Messrs. Barton and Schaller's report, I am of opinion that the regulations as originally drafted meet the requirements of the case, and that there is no necessity to modify them.
My reasons for this decision will be found in the enclosed memorandum of the twelve regulations, and I have the honour to request that you will authorize their acceptance in the original form, when, in the event of your agreeing, the regulations will be submitted to His Majesty's Government for confirmation.
SIR,
I have, &c.,
A. R. F. DORWARD.
Enclosure 3 in No. 28.
GOVERNOR OF SHANTUNG to COMMISSIONER, Wei-hai-wei.
(Translation. No. 19.)
May 6, 1901.
I HAVE the honour to acknowledge receipt of Your Excellency's despatch of the 19th ultimo.
[Despatch quoted in full.]
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With regard to these regulations I received yesterday from the Chefoo Taotai, Li Hsi-chieh, a report to the effect that he had appointed the Wên-têng Magistrate Chu, the Yung-ch'ang Magistrate Tseng, and the deputy Ch'ông Yün-han to consult with deputies appointed by Your Excellency, viz., Messrs. Barton and Schaller, with the result that it was decided to recommend the adoption of the regulations in their original form, which had been carefully and duly drawn up, and which it was not advisable to alter. The Taotai had also satisfied himself, after careful investigation, that the facts of the case were really as stated.
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In accordance with this report, I approve of the regulations in their original form, as requested by Your Excellency.
I have therefore issued the necessary instructions to the Provincial Treasurer and Judge, the Foreign Affairs Bureau and to the Chefoo Taotai, who will also instruct his subordinates; and I have now the honour to inform Your Excellency of my action and to request that you will give instructions for the adoption of these regulations to the advantage of our friendly relations and of international affairs.
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No. 29.
I have, &c.,
(Seal of Governor).
MEMORANDA by COMMANDER E. A. A. GAUNT, R.N. (Received July 25, 1901.)
Notes on Wei-hai-wei.
(A.)
His Majesty's Ship "Landrail" at Sea, July 19, 1901.
Submitted that the question of administering the island independently of the remainder of the territory might be reconsidered.
If the island were allowed to be administered by the senior naval or military officer, acting as a magistrate, subject to the authority of the Commissioner, his civil pay and all island civil works, such as scavenging, &c., could be paid out of the revenues of the island, if the rents, fines, &c., were allowed to be used for this purpose. The Commissioner would then live on the mainland, where his work principally lies, and he would be more in touch with the people of the leased territories.
2. For dealing with the natives on the mainland I would suggest the appoint- ment of an intelligent Chinese (one educated in England or America preferred) to. the post of District Magistrate; such a man can be best obtained by the engagement of one of the Chinese naval officers trained under the late British Admiral Lang; he would speak and write English, be conversant with English ideas and customs, and, while knowing Chinese village judicial procedure, he would also know that acceptance of bribes is forbidden with us.
The Chinese Navy being practically finished, a good officer could be got for about £120 a year. I had applications from two or three for employment.
To keep a check on the proceedings of the magistrate it is necessary, either, that the Commissioner should know Chinese, in which case no assistant would be required, or the Commissioner should have under him an Englishman, who would watch the proceedings of the Chinese Magistrate, and also check official Chinese letters, pro- clamations, &c., written for the Commissioner: the youth who was appointed for this purpose during my tenure of the Commissionership was only a boy of nineteen, who had not received sufficient English education, and was paid the too large allowance of £220 a year, but a good clerk and interpreter could I think be got for this sum.
3. If the territory is thrown open to mining speculation, many people of doubtful reputation of all nations will assemble (I had to deport one and threaten others), and the Chinese staff will not be capable of dealing with them. I would suggest obtaining a mounted trooper from Victoria, or one of our gold mining Colonies, accustomed to dealing with large districts; such a man using Matou as his base and riding daily in different directions would keep the whole territory under supervision, and would be invaluable in dealing with any rowdy element.
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