CO129-334 - Governor Nathan - 1906 [5-7] — Page 276

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members

both official and unofficial of the legal community

here that judgments of the Hongkong Courts should es a rule precede applications for Consular assistance and that such judg-

-ments should be accepted by the British Consular Authorities as

disposing of the merits of the case with which they deal.

(c). There is a difference of opinion among the

members of this community and among the gentlemen who have ten- -dered me advice in the matter as to whether Consuler assistance should be given in any case on which the hongkong Courts have not

pronounced judgment.

(a).

In the above connection it has been pointed out

to me that the law of Hongkong does not admit of judgment for debt being entered against a bankrupt or against a contributory

to a Company wound up by order of the Court.

(e). There is also a difference of opinion among the

various gentlemen who have tendered me advice in the matter as to whether British Consuler assistance can properly be invoked in cases where judgment creditors are not British subjects.

My own views on these matters are:-

(a). That the past practice of first the Hongkong Government and then the British Consuler Authority enquiring into the merits of a claim for recovery of a debt incurred in Hongkong

should be discontinued.

(b). That the production of the record of a judgment of the Bongkong Courts in the case of an absconding Chinese deotor should be sufficient warrant to the Consular Officer to press the Chinese Authorities to give effect to it.

8

A

(c). That if no such record is produced Consular assistance should be confined to obtaining an investigation of the

clein by the Chinese Courts.

(a). That the law of Hongkong should be amended to adrit of judgment for debt being entered against absconding

bankrupts