20
―
21
284
M. P.
248604.
M. P.
2028/04.
M. I' 470604.
M. I'.
706901.
M. P. 822831.
APPENDIX TO FOREGOING MINUTE.
Being a brief analysis of the cases dealt with in the Minute Papers put up
which applications have been made for Consular assistance through the Colonial Secretary's Office.
h. Application for assistance similar to the last: debtors in Canton, sale of M. P
in Hongkong by Indian firm.
sugar
in
Action taken by Chinese Court.
7. Similar application.
a. 1st Case.-Application to Consul General on a certified copy of judgment of Hongkong Supreme Court. Plaintiff was not a British subject.
To a question put by the Consul General, the Officer Administering The Government expressed an opinion that it was a legitimate case under Article 23, but concurred with the Consul General's proposal in future not to take up cases sent by Solicitors or Chinese from Hongkong until they have been passed or enquired into by the Hongkong Government.
b. 2nd Case.-Application from a Chinaman of Hongkong for assistance in recovering stolen property.
Registrar General reported that applicant's connection with Hongkong
is very slight", but that lie was born in British Columbia, and was registered as a British subject in Consulate General in Canton.
No decision seems to have been arrived at on the
papers.
c. 3rd Case-Application from a Chinaman of Hongkong claiming to be a British subject, to register at the Consulate General at Cauton deeds for land purchased at Sainshui,
Requested to forward his documents either through Colonial Secretary's
or Registrar General's Office.
d. Application to Registrar General for assistance in recovering a debt of Applicant over $1,000 for money lent: the debt was incurred in Hongkong. was willing to prosecute in a Chinese Court.
Registrar General suggests that it should be referred to the Consul
General.
Officer Administering the Government decided against the reference, as there was nothing to prevent the applicant from prosecuting his own case in China.
2. Application by naturalised British subject for assistance in recovering balance of account due over $2.000. Debt incurred in Hongkong by branch office of a Canton firm then closed. Applicant requested the Consul General to be ins- tructed to apply to the Chinese Magistrate to seize the shop in Canton in default of payment. The Manager of Hongkong shop was then employed in Canton.
This was treated as a case of absconding, and the matter referred to Consul General: apparently with a view to his assisting in or watching (calling the attention of the Magistrate to the case in the Chinese Conti. Chinese Court took steps and reported accord- ingly.
Application by Hongkong Merchants for assistance in recovering debt incurred in Hongkong by Chinanan who had left the Colony.
Consul-General requested to assist. Chinese Court takes action, pro- mising to include claim in the then pending distribution of assets.
g. A similar application to the last, for assistance of Consul at Swatow.
The Registrar General conducted a long enquiry as to the identity of the agent of the applicant. At one time it was thought that on account of the uncertainty in the matter it was not a proper case for intervention under the Treaty.
Report of Consul-General that the Magistrate to whom the case was referred was "notorious for his ueglect to deal with foreign affairs," no less than nine important British cases being then pending in his Court. Urgent representations had been made to the Viceroy.
8559,04.
M. P. 1113/05.
j. Application by Official Receiver in Bankruptcy for assistance of Consul M. P General to arrest two absconding partners of a firm in bankruptcy against whom 1552/05, a warrant of arrest had been issued under Article 22.
Officer Administering the Government decides that this is no case under the Article, there being no extradition with China, but prosecution must be before Chinese Court, the persons willing to prosecute to appear before Consul General to furnish particulars to enable him to decide what steps to take.
k. Application to recover money due by Chinaman in China to 24 creditors, M.P
or failing payment, for arrest of debtor.
Representations by Consul General to Viceroy, and action taken by
Chinese Court: arrest and distrbution of assets.
7. Application to recover money due by Chinaman in China.
Referred to Consul General to take such steps as may be advisable.
m. Similar application-29th May, 1905.
Money lent in December, 1904, in Hongkong: debtor absconded in
April. Consul-General replies that the case does not come under Article 24: as there was time to recover the money in Hongkong before he left: and that as his present address is known it was not a case of absconding: proper course to take proceeding personally before Chinese Court.
Reply that applicant had moved in Chinese Court and been informed he inust have assistance of Consul General as the debt was incur- red in Hongkong.
No. 5.
F. T. PIGGOTT.
HIS EXCELLENCY THE GOVERNOR TO HIS HONOUR THE CHIEF JUSTICE.
Government House,
Hongkong, 29th November, 1905.
SIR,I have had for some time under consideration Your Honour's letter of the 7th July, 1905, and Minute of the 26th August, 1905, on the subject of obtaining from the Chinese Government greater facilities for executing the civil judgments of the Hongkong Courts than are provided by Article 23 of the Treaty
of Tientsin,
2. In the letter above referred to Your Honour states that this Article is Vague and clumsily drafted and fails altogether of its intended effect, that unless it is amended it cannot be utilized to assist in satisfactorily winding up commer- cial enterprises, that in its present form it is useless in bankruptcy proceedings and that there is urgent need for revising it.
3532/05.
M. P.
365:05,
3. P.
4208/05.
No comments yet.
Private notes are available after approval.