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No. 123.
GOVERNMENT NOTIFICATION.
The following Circular from His Excellency SIR RUTHERFORD ALCOCK, K.C.B., with its enclosure, relative to British Subjects of Chinese descent residing or being in Chinese Territory, is published for general information.
J. GARDINER AUSTIN,
Government Offices, Hongkong, 2nd November, 1868.
Colonial Secretary, Administering the Government.
CIRCULAR No 10.
PEKING, October 7, 1868. SIR-Pursuant to instructions from Her Majesty's Secretary of State for Foreign Affairs, I have issued the enclosed Notification regulating the conditions under which Persons of Chinese descent, who are British Subjects, may reside or travel in China under British protection.
You will observe that it is left entirely optional to such persons to claim the status of British Subjects within the Chinese territories, or not, as they may see fit. But in the event of their electing to sink their British nationality, and reside or travel as Chinese among Chinese, they cannot claim any exemption from the jurisdiction and laws of the country they adopt of their own free will, and after due notice of the consequences.
You will give all due publicity and effect within your jurisdiction to the enclosed, in conformity with the provisions of the Queen's Order in Council of 1865.--Your obedient servant,
RUTHERFORD ALCOCK.
To
HER MAJESTY'S CONSUL, Fc., &c., &c., Shanghai.
NOTIFICATION.
Whereas many persons of Chinese descent, who are or claim to be British Subjects, go to resile or travel in the dominions of the Emperor of China, and whereas serious difficulty exists in distinguishing such British subjects from natives amenable to Chinese laws only, and accordingly great practical inconvenience frequently results to the parties themselves and to the anthorities of both countries; and whereas it is desirable, with a view to the maintenance of order and good Government of British Subjects of Chinese descent resorting to China, and for the maintenance of friendly relations between British subjects and Chinese subjects and authorities, that a remedy should be provided for such inconvenience: Therefore by the authority and power vested in me by the 85th Section of the China and Japan Order in Council 1865, I do declare and order that all British subjects of Chinese descent shall, while residing or being in Chinese territory, discard the Chinese costume and adopt some other dress or costume whereby they may readily be distinguished from the native population. And I do further warn all British subjects of Chinese descent so residing or being in the Chinese dominions as aforesaid, that in the event of their infringing or not observing this Order and Regulation, they shall not be entitled to claim British protection or interference on their behalf in any Court of Justice or elsewhere in the Chinese Dominions.
And I do further order that every British subject of Chinese descent who shall sue in any Chinese Court of Justice, or appear in public before the authorities of the Empire, shall be, and he is hereby required to pay all due respect to the Chinese authorities according to the customs and usages of the country, suve and except that such British subject shall not be bound or required to observe any custom or ceremony whereby he would admit that he is a subject of His Imperial Majesty.
Given under my hand and seal at Peking this sixth day of October, one thousand eight hundred and sixty-eight.
RUTHERFORD ALCOCK,
Her Britannic Majesty's Envoy Extraordinary, Minister Plenipotentiary and Chief Superintendent of Trade.
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