[This Document is the Property of His Britannic Majesty's Government.]
AFFAIRS OF CHINA.
CONFIDENTIAL.
[1721]
No. 1.
[January 16.]
SECTION 1.
C.O.
7655
REEP
320
!
Mr. Bourne to Sir Edward Grey.—(Received January 16, 1907.)
(No. 31. Confidential.) Sir,
Rs 28 FEB 07 Supreme Court, Shanghae, December 11, 1906, HIS Majesty's Consul-General has consulted me, in default of Sir H. de Sausmarez who is ill, by direction of His Majesty's Minister on the subject of the draft of proposed Amendments of the Shanghae Mixed Court Rules, of which I inclose a copy; and also, on your direction, in regard to the subject of the custody of Chinese male prisoners in this Settlement.
I have the honour to inclose a copy of a Confidential Memorandum in reply which I have handed to His Majesty's Consul-General to be forwarded to His Majesty's Minister,
I have, &c.
(Signed)
F. S. A. BOURNE.
Inclosure 1 in No. 1.
SHANGHAE MIXED COURT RULES.
Draft of Proposed Amendments.
1. (a.) The Mixed Court at Shanghae shall keep separate dockets in Chinese of all police and civil cases, entering each case separately, numbering it consecutively, with the date of filing, the names of the parties in full, their nationality, the thing claimed, with the Minutes and dates of all Orders, Decrees, continuance, appeals, and proceed- ings until final judgment, and a sufficient Minute of the final judgment.
(b.) The Mixed Court shall have power to deal with all criminal cases in the foreign Settlement at Shanghae punishable by cangue or beating with bamboo, or by imprisonment not exceeding five years, and shall keep a separate docket thereof as above provided. All cases involving a penalty of more than five years' imprisonment shall be dealt with by the higher judicial authorities, after preliminary inquiry by the Mixed Court.
Note.-Beating with bamboo is to be commuted into a fine by the Imperial Decree of the 21st day of the 3rd moon of the 31st year of Kuang Hsü.
(c.) The docket shall be open at all times for inspection by parties materially interested.
2. All trials and proceedings in the Mixed Court at Shanghae shall be open to the public, unless the Assessor and Magistrate agree that for confidential reasons and for public morals the case should be private,
3. The post of Magistrate of the Mixed Court shall carry with it all the rights, powers, and privileges of a Prefect. He shall be eligible from among the Prefects, Sub-Prefects, Assistant Sub-Prefects, or Independent Departmental Magistrates of the Province of Kiangsu, or from officials or expectant officials of the same rank from other provinces if none can be found qualified for the position in the Province of Kiangsu.
In all cases the appointment and removal of the Magistrate of the Mixed Court shall be made by the Governor-General at Nanking.
Assistant Magistrates of the Mixed Court shall be selected from among the substantive or expectant Sub-Prefects, Assistant Sub-Prefects, Departmental and District Magistrates of the Province of Kiangsu, or of other provinces, and shall be appointed and removed likewise by the Governor-General at Nanking.
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