CO129-343 - Public Offices & Foreign Office - 1907 — Page 546

[This Document is the Property of His Britannic Majesty's Government.]

540

AFFAIRS OF CHINA.

CONFIDENTIAL.

[8330]

No. 14

[March 14.]

C. O.

T 983

SECTION 1.

TRE 02

REGE 5 APR

Sir,

China Association to Foreign Office.--(Received March 14.)

159, Cannon Street, London, March 13, 1907. REFERRING to your letter of the 11th instant, I have now the honour to inclose the letter from the Shangbae branch of this Association of the 8th February, with the amendments suggested by them to the proposed new Rules for the Mixed Court at Shanghae.

These communications have not yet been considered by the London Committee, but I am forwarding copies to the President to-night, who will doubtless send them without delay to the members of the Sub-Committee appointed to deal with this matter.

I have, &c. (Signed) JOSEPH WELCH,

Honorary Secretary.

Sir,

Inclosure 1 in No. 1.

China Association, Shanghae Branch, to China Association, London.

February 8, 1907.

ON the 5th instant my Committee sent you the following telegram :-

Mixed Court Rules. "Permission [to] peruse [and] comment [on the] draft additional Rules (has been] obtained, coupled with [an] intimation [that they must be] regarded [as] confidential, and [that the Government cannot adopt [a] fresh line or introduce fundamental changes. [These] Rules [are, in the] opinion [of] this branch, quite inadequate [to] meet [the] situation, [since they] fall far short [of the] necessary confirmation [and] codification [of] existing local arrangements. [The] Court's procedure vitally affects [the] adminis- tration [and] trade interests [of] Shanghae. Confidential treatment renders [the] assured co-operation [of the] German [and] American Associations impracticable. [The] question [is] one [for] this Association only, [iu] view [of] British predominance. Urge representation [of the] matter [in the] strongest light, with a] view [to] publica- tion [and] discussion." [It is our] unanimous opinion [that it would be] better [to] leave [the] Rules [in] statu quo pending [a] more favourable opportunity [to] obtain [a] satis- factory [and] comprehensive Code."

The message was the result of well-grounded apprehension that a set of eleven proposed amendments to the Rules for the Mixed Court at Shanghae of 1869 are on the point of receiving final sanction at the hands of the Diplomatic Body in Peking, with the concurrence of the Wai-wu Pu.

Permission to peruse these amendments was sought at the hands of His Majesty's Consul-General, and his reply, after reference of the matter to Peking, is to the effect that the communication should be treated as confidential, while the Association is "warned that His Majesty's Government cannot at this stage of the negotiations adopt a fresh line or introduce fundamental changes in the proposed amendments."

I inclose, for your information, a copy of the amendments in the form in which they stand, and, without adding more than is necessary to the mass of correspondence on this subject which is on record in the archives of the Association, will briefly enumerate some of the more cogent reasons which have led this branch to believe that the adoption of the new Rules, far from improving the existing unsatisfactory condition of affairs at the Court, will tead rather to add to the constantly recurring sources of dispute.

1. The acceptance by the foreign Powers of the amendments cannot fail indefinitely to postpone the establishment of an adequate Tribunal, for the hearing of commercial suits, of that competence and impartiality which the commerce of Shanghae involves and demands.

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