CO129-287 - Public Offices & Others - 1898 — Page 390

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must eventually lead to abuses of the most serious

character. The Crown Advocate states that "regis-

tration carries with it a power to hold land, and

therefore a company so registered may apply to be-

come a holder of land on any Consular Register"

Arguing from this, I presume that it may also

own ships flying the British flag.

As the law appeare to stand, 7 Chinese may

proceed to Hongkong and register their business in

China as a British Company under the Ordinance,

then return to their port in China, anddemand the

intervention of the British Consul in all their dis-

putes with their count rymen. The British flag is

also liable to be used to cover all sorts of ne-

farious practices by Chinese.

Hitherto it has been a common practice for

Chinese to hire a low-class British subject,

and

put him forward to claim British protection as the

owner of their business. Even this will be no

longer necessary, as all they require can be ob-

tained

obtained by the procedure described above.

It seems to me however that the Crown Advocate

in giving his opinion has lost sight of the inherent

right of the Chinese Government to jurisdiction over

their own people and territory, which right cannot be

affected by any Hongkong Ordinance, or even by a Brit-

ish Imperial Act. The privileges given by the Treat-

ies of which privileges the Liplomatic and Consular

Officials are the guardians, are granted to British

subjects and not to natives who may have gone through

certain formalities in Hongkong.

I am fully aware that the difficulty of drawing

a distinction between what are bona-fide British Com-

panies and what are not, is extreme; but that such a

distinction must be made I feel convinced.

As quest tons are likely to arise very shortly

with the new companies I have the honour to ask that

you will give me instructions as soon as possible for

my guidance.

I have,

&c.

(Signed)

R. W. Mansfield.

Consul.

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