CO129-344 - Public Offices & Foreign Office - 1907 — Page 16

[This Document is the Property of His Britannic Majesty's Government 37

AFFAIRS OF CHINA.

CONFIDENTIAL.

[10310]

No. 1.

Sir Edward Grey to Sir J. Jordan,

(No. 37.)

(Telegraphic.) P.

SHANGHAE Mixed Court Rules.

15

RECS

REGE 2 MAY 07 [April 6.]

SECTION 9.

Foreign Office, April 6, 1907.

your

We have considered the documents mentioned in the first two paragraphs of telegram No. 37 of the 3rd ultimo.

In a telegram of the 9th ultimo the Shanghae Branch of the China Association apparently acquiesce in the Association's suggestions which have already been communicated to you, provided the right to press later for a comprehensive definite code is reserved.

As regards Rule 1 (6), the China Association urge hat the words "for which the punishment according to Chinese law does not exceed ten years' imprisonment" shall be substituted for the words "punishable by cangue or beating with bamboo, or by imprisonment not exceeding five years."

If this alteration were effected, the note respecting the bamboos would be no longer relevant, though, if the Chinese wish to carry it into effect generally according to their Edict, we must not object to the substance of it or to such a reform of punishments.

I think we should insist upon the insertion in Rule 11 of the words "in practice," which the Association consider essential; they can only be objected to by the Chinese if they intend to depart from the existing procedure, and would go far to reconcile the Shanghae Branch to the amendments.

While concurring in the opinion expressed in the penultimate paragraph of your telegram, I think that the question of the extent to which the acceptance of the various alterations which have been suggested should be pressed upon the Chinese and of the mode of obtaining their concurrence must be left to your own discretion.

[2450 ƒ-9]