CO129-334 - Governor Nathan - 1906 [5-7] — Page 275

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Enclosure 1,

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23817

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iRe: 2 JUL 06

Government House,

Hongkong, 5th. May, 1908.

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Sir,

I have the honour to transmit a print of

correspondence that has passed in this Colony on the subject of the recovery under Article XXIII of the Tientsin Treaty of debts incurred in Hongkong by natives of Chine who abscond to China and

have property there.

2.

The principal points brought out in this

correspondence are the following:-

(a). The past practics of this Government in cases of application for assistance in the recovering of debts when the debtors have absconded to China, in the majority of which cases no judgment has been obtained, has been, after the Government has sa- -tisfied itself of the bone fides of the applicant to recommend him to the British Consular Authority who, in the case of British subjects not of Chinese Race or in clear cases of absconding with intent to defraud the creditor, has pressed the Chinese Authorities to secure satisfaction of the claim, but in the case of Chinese debtors residing at known addresses in China has required the Chinese creditors to claim satisfaction in the Chinese Courts.

(b). It is stated that applications for the execution of the Judgments of the hongkong Courts against absconding Chinese debtors are rarely made as the action that may be taken by the British Consular Authority on receipt of such application is

uncertain.

tennic Majesty's Minister,

PEKING.

There is a contensus of opinion among the

members