[This Document is the Property of His Britannic Majesty's Government.]
330
AFFAIRS OF CHINA,
CONFIDENTIAL.
[February 9.]
SECTION 1.
C. O.
7655
[4405]
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received February 9, 1907.) (No. 551.) Sir,
REC Rx 28 FEB 07
Peking, December 26, 1906. I HAVE the honour to inclose copies of two despatches, dated the 16th and 19th November, which I have received from His Majesty's Consul-General at Shanghae, together with copy of my reply to the same, dated the 17th December, on the subject of difficulties which have been experienced recently through the insistence of the Chinese authorities on transferring cases at will from the jurisdiction of the Mixed Court to that of the Shanghae District Magistrate.
In the inclosures to his despatch of the 16th November, Sir Pelham Warren shows how the Chinese authorities interpret the rule that the Mixed Court Magistrate "will decide all civil and commercial suits between Chinese resident within the Settlements." A dispute having arisen between two Chinese in regard to some land within the Settle- ment limits, the Shanghae District Magistrate accepted the plaintiff's Petition, instead of referring him to the Mixed Court Magistrate, and applied to the latter to arrest and hand over the defendant.
When the defendant came before the Mixed Court, and the British Assessor learnt that the land which formed the subject of the suit was in the Settlement, he pointed out to the Magistrate that the case should be dealt with by the Magistrate himself, and should not be transferred to the District Court.
The Mixed Court Magistrate disregarded this principle, and handed the defendant over without further reference to the Assessor,
In another case where a defendant was remanded owing to the non-appearance of the plaintiff, the Mixed Court Magistrate also handed over the defendant to the District Court, without any preliminary investigation before the Assessor.
A further instance of similar irregularity in procedure was afforded in an action for debt, which was left by the Assessor to be heard by the Magistrate alone. The police reports of the proceedings disclosed that after a disorderly hearing of the case, when the Magistrate threatened the parties with corporal punishment, an order was made transferring the trial to the District Court.
The Taotai, when appealed to by His Majesty's Consul-General, exonerated the Mixed Court Magistrate from all blame, and justified the District Court in taking cognizance of cases arising in the Settlement.
In my reply to Sir Pelham Warren, I have supported his view that this tendency to confuse the jurisdictions of the two Courts must be resisted, as being contrary to the Mixed Court Rules, and prejudicial to the interests of the Settlement. But as regards the subject of His Majesty's Consul-General's despatch of 19th November, which deals with the question of providing some guarantee that cases properly transferable from the Mixed Court to the District Court shall be treated adequately, I have recommended that no action should be taken at present, pending a decision on the question of the Amendments to the Mixed Court Rules.
I have, &c.
(Signed) J. N. JORDAN.
Inclosure 1 in No. 1.
(No. 167.) Sir,
Consul-General Sir P. Warren to Sir J. Jordan,
Shanghae, November 16, 1906.
I HAVE the honour to inclose herewith copies (and translation, where the original is in Chinese) of correspondence between myself and the Municipal Council and the Chinese authorities on the subject of the improper transfer of certain Chinese from the Mixed Court to the yamên of the City Magistrate outside the Settlement.
[2376 i-1]
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