CO129-337 - Public Offices & Foreign Office - 1906 — Page 560

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

551

}

to Basavaka

ITI

C

.(s)

I a

above referred to. It is in the discretion of H.M. Consul-General at Canton to act in all such cases

A

according to the circumstances, and as at present advised I do not see my way to the issue of instructions which would fetter this discretion. If Your Excellency will bring a specific case to my notice

in which the Consul-General does not appear to have acted to the best advantage I shall not fail to take it

into immediate consideration.

(b). The record of a Judgment of the Hongkong Courts in the case of an absconding Chinese debtor

is sufficient warrant to H.M. Consul-General to press the Chinese authorities to recover the debt, but he has to exercise this pressure in such a case exactly as in any other matters requiring his intervention, by discussion and argument. He would himself naturally accept the judgment as disposing of the merits of the claim, but if the Chinese authorities refused to do so and insisted on enquiring for themselves, it is difficult to see how he could object.

(c). I am very averse from limiting the discretion of H.M. Consul-General in such matters. It is his duty to assist all British subjects whether of Hongkong or elsewhere who bring legitimate complaints, and if on investigation he is satisfied of the validity of a claim it is his duty to press it. In any case it would not strengthen the force of his representations to the Chinese authorities in other matters if they noticed that he stopped short at mere requests for investigation in claims for the recovery of debts. That would be a procedure which most Chinese officials would entirely misconstrue.

(d). I hesitate to offer an opinion, but I incline to think that such an amendment might be an advantage

to

.oje

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551 } to Basavaka ITI C .(s) I a above referred to. It is in the discretion of H.M. Consul-General at Canton to act in all such cases A according to the circumstances, and as at present advised I do not see my way to the issue of instructions which would fetter this discretion. If Your Excellency will bring a specific case to my notice in which the Consul-General does not appear to have acted to the best advantage I shall not fail to take it into immediate consideration. (b). The record of a Judgment of the Hongkong Courts in the case of an absconding Chinese debtor is sufficient warrant to H.M. Consul-General to press the Chinese authorities to recover the debt, but he has to exercise this pressure in such a case exactly as in any other matters requiring his intervention, by discussion and argument. He would himself naturally accept the judgment as disposing of the merits of the claim, but if the Chinese authorities refused to do so and insisted on enquiring for themselves, it is difficult to see how he could object. (c). I am very averse from limiting the discretion of H.M. Consul-General in such matters. It is his duty to assist all British subjects whether of Hongkong or elsewhere who bring legitimate complaints, and if on investigation he is satisfied of the validity of a claim it is his duty to press it. In any case it would not strengthen the force of his representations to the Chinese authorities in other matters if they noticed that he stopped short at mere requests for investigation in claims for the recovery of debts. That would be a procedure which most Chinese officials would entirely misconstrue. (d). I hesitate to offer an opinion, but I incline to think that such an amendment might be an advantage to .oje
Baseline (Original)
551 } to Basavaka ITI C .(s) I a above referred to. It is in the discretion of H.M. Consul-General at Caton to act in alpsuch cases A according o the circumstances, and as at present advised I do not see my way to the issue of instruc- tions which would fetter this discretion. If Your Excellency will bring a specific case to my notice in which the Consul-General does not appear to have acted to the best advantage I shall not fail to take it into immediate consideration. (b). The record of a Judgment of the Hongkong Courts in the case of an absconding Chinese debtor is sufficient warrant to H.M. Consul-de eral to pres8 the Chinese authorities to recover the debt, but he has to exercise this pressure in such a case exactly as in any other matters requiring his intervention, by discussion and argument. He would himself natur- ally accept the judgment as disposing of the merits of the claim, but if the Chinese auth rities refused to do so and insisted on enquiring for themselves, it is difficult to see how he could object. (c). I am very averse from limiting the discre- tion of H.A. Consul-General in such matters. It is his duty to assist all British subjects whether of Hongkong or elsewhere who bring legitimate complaints, and if on investigation he is satisfied of the validity of a claim it is his duty to press it. In any case it would not strengthen the force of his representations to the Chinese authorities in other matters if they noticed that he stopped short at mere requests for investigation in claims for the recovery of debts. That would be a procedure which most Chinese officials would entirely misconstrue. (d). I hesitate to offer an opinion, but I incline to think that such an amendment might be an advantage to .oje
2026-06-02 14:55:32 · Baseline
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551

}

to Basavaka

ITI

C

.(s)

I a

above referred to. It is in the discretion of H.M.

Consul-General at Caton to act in alpsuch cases

A

according o the circumstances, and as at present advised I do not see my way to the issue of instruc- tions which would fetter this discretion. If Your Excellency will bring a specific case to my notice

in which the Consul-General does not appear to have acted to the best advantage I shall not fail to take it

into immediate consideration.

(b). The record of a Judgment of the Hongkong Courts in the case of an absconding Chinese debtor

is sufficient warrant to H.M. Consul-de eral to pres8 the Chinese authorities to recover the debt, but he has to exercise this pressure in such a case exactly as in any other matters requiring his intervention, by discussion and argument. He would himself natur- ally accept the judgment as disposing of the merits of the claim, but if the Chinese auth rities refused to do so and insisted on enquiring for themselves, it is difficult to see how he could object.

(c). I am very averse from limiting the discre- tion of H.A. Consul-General in such matters. It is his duty to assist all British subjects whether of Hongkong or elsewhere who bring legitimate complaints, and if on investigation he is satisfied of the validity of a claim it is his duty to press it. In any case it would not strengthen the force of his representations to the Chinese authorities in other matters if they noticed that he stopped short at mere requests for investigation in claims for the recovery of debts. That would be a procedure which most Chinese officials would entirely misconstrue.

(d). I hesitate to offer an opinion, but I incline to think that such an amendment might be an advantage

to

.oje

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