CO129-344 - Public Offices & Foreign Office - 1907 — Page 420

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

AFFAIRS OF CHINA.

418

C. 3.

25167

[May 10.]

TREE!! SECTION 16 JUL 07

CONFIDENTIAL.

[15196]

(No. 75.)

(Telegraphic.) P.

No. 1.

Sir J. Jordan to Sir Edward Grey,- (Received May 10.)

SHANGHAE incident claims (1905).

Please see my telegram No. 39 of the 6th March.

Peking, May 9, 1907.

I have received a proposal from the Wai-wu Pu, which the Viceroy of Nanking has forwarded to the Board, suggesting that the Shanghae riot case be investigated by a Joint Commission. It would be difficult to comprise within the limits of a telegram these proposals, which are long and detailed, but the leading points are as follows:-

Shanghae Taotai and Judge of Supreme Court shall hold at Shanghae a joint inquiry, which is not to be strictly judicial in form; one non-Chinese and one non-British advisory Assessor shall take part in the proceedings.

The following subjects shall fall within the scope of the inquiry :-

1. Mixed Court fracas, involving-

(a.) Case of Mrs. Li;

(b) Question of the custody of female prisoners;

(c.) Rights and wrongs as between Magistrate and Assessor, police and runners.

2. Riot involving-

(a.) Culpability of Chinese authorities ;

(6.) Place from which the rioters came;

(c.) In whose hands the power of safeguarding the foreign Settlement rests, and whether more could have been done by the Chinese authorities toward preserving order than they actually did.

3. Losses of Chinese and foreigners in life and property.

Taotai and Judge to arrange between themselves further points that may suggest themselves. Evidence produced at trial to be admitted by both Governments as final. Settlement of case to be a separate negotiation at Shanghae after the close of the inquiry, and, in the event of disagreement, at Peking.

An inquiry into foreign claims in general is contemplated by section 3, but I think that this would not be practicable. As, however, the prospect of a settlement of our claim-the justice of which the Chinese vehemently deny-appears remote unless a full inquiry is held into the circumstances of the incident, I would suggest, with your approval, that I should forward the Chinese proposal to the Judge of His Majesty's Supreme Court, for his opinion, asking him at the same time to consult with His Majesty's Consul-General, and to inform me whether, in his view, the proposals either as they stand or in a modified form can usefully be adopted.

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