CO129-337 - Public Offices & Foreign Office - 1906 — Page 557

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

to Jun Seo).

1 Javon I i I erusolon) 1 0.2.0-2014 .112 i did eonte LOVOJLA at to gold sudah to mut my brooads vorabпoyaer .01 trians not noitsoilye to vin and web end merly tun avado solow to May 1840 WANE WIN, MTTovon and 19: 18 malo ai me 006) he 548

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.

There is a consensus of opinion among the members both official and unofficial of the legal community here that judgments of the Hongkong Courts should be accepted and that such judgments should precede applications for Consular assistance 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 tendered me advice in the matter as to whether Consular assistance should be given in any case on which the Hongkong Courts have not pronounced judgment.

(d) In the above connection it has been pointed out to me that the law of Hongkong does not admit of a judgment for debt 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 Consular assistance can properly be invoked in cases where judgment creditors are not British subjects.

3. My own views on these matters are:-

(a)

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to Jun Seo). 1 Javon I i I erusolon) 1 0.2.0-2014 .112 i did eonte LOVOJLA at to gold sudah to mut my brooads vorabпoyaer .01 trians not noitsoilye to vin and web end merly tun avado solow to May 1840 WANE WIN, MTTovon and 19: 18 malo ai me 006) he 548 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. There is a consensus of opinion among the members both official and unofficial of the legal community here that judgments of the Hongkong Courts should be accepted and that such judgments should precede applications for Consular assistance 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 tendered me advice in the matter as to whether Consular assistance should be given in any case on which the Hongkong Courts have not pronounced judgment. (d) In the above connection it has been pointed out to me that the law of Hongkong does not admit of a judgment for debt 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 Consular assistance can properly be invoked in cases where judgment creditors are not British subjects. 3. My own views on these matters are:- (a)
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t to Jun Seo). 1 J Javon I i I erusolon) 1 0.2.0-2014 .112 i did eonte LOVOJLA at to gold sudah to mut my brooads vorabпoyaer .01 trians not noitsoilye to vin and web end merly tun avado solow to May 1840 WANE WIN, MTTovon and 19: 18 malo ai me 006) he 548 Chinese debtors residing at known addresses in China has required the Chinese creditors to claim satisfaction in the Chinese Courts. (b). It is stead thatapllications for the exec- ution of the judgments of the Hongkong Courts against absconding Chinese debtors are rarely made as the action that may he taken by the British Consular Authority on re- ceipt of such application is uncertain. There is a consensus of opinion among the members both official and unofficial d of the legal community Α here that judgments of the Hongkong, Courts should and that such judgments shared is a rule accepis precede applications for Consular assistance by the Brit- ish Consular Authorités as disposing of the merits of the case with which they deal. (c). Ther is a difference of opinion among the members of this community and among the gentlemen who have tendered me advice in the matter as to whether Consular assistance should be given in any case on which the Hong- kong Courts have not pronounced judgment. A (d) In the above connection it has bee pointed out to me that the law of Hongkong does not admit of. being judgment for debt entered against a bankrupt or against a contributary to a Company wound up by order of the Court. (6) There is also a difference of opinion among the various gentlemen who have tendered me advice in the mat- ter as to whether British Consular assistance can properly he invoked in cases where judgment creditors British subjects. are not 3. My own views on these matters are:- . (a) તું
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t

to Jun Seo).

1 J

Javon I

i I erusolon)

1

0.2.0-2014

.112

i did eonte

LOVOJLA at to

gold sudah to mut my brooads

vorabпoyaer

.01

trians not noitsoilye to

vin and web end merly

tun avado solow to

May 1840 WANE WIN, MTTovon and 19: 18

malo ai me 006) he

548

Chinese debtors residing at known addresses in China has

required the Chinese creditors to claim satisfaction in

the Chinese Courts.

(b). It is stead thatapllications for the exec- ution of the judgments of the Hongkong Courts against

absconding Chinese debtors are rarely made as the action that may he taken by the British Consular Authority on re- ceipt of such application is uncertain.

There is a consensus of opinion among the members

both official and unofficial

d

of the legal community

Α

here that judgments of the Hongkong, Courts should

and that such judgments shared is a rule

accepis precede applications for Consular assistance by the Brit-

ish Consular Authorités as disposing of the merits of the

case with which they deal.

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

members of this community and among the gentlemen who have

tendered me advice in the matter as to whether Consular

assistance should be given in any case on which the Hong-

kong Courts have not pronounced judgment.

A

(d) In the above connection it has bee pointed

out to me that the law of Hongkong does not admit of.

being judgment for debt entered against a bankrupt or against a

contributary to a Company wound up by order of the Court.

(6) There is also a difference of opinion among the

various gentlemen who have tendered me advice in the mat-

ter as to whether British Consular assistance can properly

he invoked in cases where judgment creditors British subjects.

are not

3. My own views on these matters are:-

.

(a)

તું

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