CO129-343 - Public Offices & Foreign Office - 1907 — Page 25

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Hongkong Government.

Trom both these recommendations I emphatically

dissent. I have already pointed out that in the case

of Erilish subjects not of thinese origin and probably

most foreigners the treaty provides little more

assistance than they can get without it. It is in the

case of Chinese, whether British subjects or not, that

the special terms of the Treaty are most likely to be

called into operation. The one condition applied in

the Treaty is that the case should be that of an

absconding debtor who leaves the jurisdiction to avoid

the payment of his debts or the execution of a judgment

It appears to me that an abuse of the facilities

offered by the treaty is best guarded against by the

Consul being satisfied by his own enquiries or those

of Hongkong Court or overment that the case is one

of bona-fide absconding.. The latter enquiry "oreover

may turn out to have reached an erroneous conclusion,

and on such appearing to the Consul to be the case lia

will have to cot as of rcumstances and his discretion

dictate.

As to the papers being transmitted by the Goverr

ment and not a solicitor I have this to say. The

nationality of persons of Chiese extraction is a nice

point, and a good deal may depend upon it, the amount

of protection to be granted to such person in China i

not a matter for the Court but for the Hongkong Gover

ment and the Legation; finally T do not think that a

Hongkong solicitor who has no status in C ina is the

person to address the Consul-General of Canton, but

that the proper officer of the Colonial "overament

do so.

I am now in a position to deal with fir "attl

servation Nathan's suggestions and before doing so I wish to

that