2
C.O.
[This Document is the Property of His Britannic Majesty's Government 37
REED
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REC. 2 MAY 07, [March 30-
words "frontier” and " Convention.
railway connection," to be based upon the language of t
On the 16th March, 1902, I accordingly replied that a communication had been addressed to the Viceroy in accordance with the terms of Sir E. Satow's note, since it was thought that, as Mr. Litton was about to discuss matters personally with the Viceroy, we could not do otherwise than communicate this note to the Viceroy for his information.
In a despatch received from the Viceroy during February of last year (1906) we then learnt that Mr. Wilkinson, His Majesty's Consul-General, had written to his Excellency informing him of the receipt of a telegram from Mr. Litton, in which the latter, under telegraphic instructions from the Government of Burmah, stated that it was proposed to construct a light railway from Bhamo to Tengyuch to facilitate the transport of merchandize, and that surveying staff was first being sent forward to ascertain whether the scheme was feasible, upon which negotiations would follow for carrying it into effect.
To this his Excellency replied that he would send representatives to co-operate in the survey, and that each party could survey their respective lines, and each provide the necessary expenses. It is thus clear that the Viceroy in his repeated discussions of this subject with His Majesty's Consul-General has also adhered scrupulously to to the stipulation in the Convention providing for the connection of the railway systems, without the slightest divagation.
In the fifth month of the present Chinese year (the 22nd June to 20th July) the Viceroy memorialized the Throne for sanction to build a light railway from Tengyuch, and to raise funds for the construction of this line by China herself.
An Imperial Edict sanctioned this proposal; the original intention being that construction should proceed in due order within the Chinese territory of Yunnan, in fulfilment of the understanding to connect with the Burmese railway system.
The statement in your Excellency's note now under acknowledgment that His Majesty's Government claim the right to construct the Bhamo-Tengyuch Railway, and the foundation of this claim on my note of the 16th March, with the reference to the Concession granted to a French Company by way of comparison and as a precedent, appear to me therefore to be entirely in disaccord with the intent of the Burmah Convention of 1897 and of this Board's repeated notes upon this subject.
I accordingly have the honour to request your Excellency to communicate this reply to His Majesty's Government.
I avail, &c.
Inclosure 2 in No. 1.
Sir J. Jordan to Prince Ch'ing.
Your Highness,
WITH reference to your Highness' note of the 24th January on the subject of
January 31, 1907. the Bhamo-Tengyueh Railway, I have the honour to state that the engagement contained in your Highness' note of the 12th March, 1902, to Sir Ernest Satow is not open to doubt of any kind. It is that, as regards railway connections between Burmah and Yunnan and measures for the advancement of trade, whatever privileges were conceded by the Chinese Government to French enterprise in Yunnan similar privileges should also be accorded to British enterprise. Your Highness' Government having conceded certain railway privileges in Yünnan to French enterprise it follows, from the engagement above referred to, that similar privileges must be conceded to British enterprise; and it is on this ground that His Majesty's Government naturally claim the right to construct the Bhamo-Tengyueh Railway. Not only do His Majesty's Government claim this right, but they have also instructed me to make it clearly understood to the Chinese Government that they do not consider a Concession for that short line to be fully equivalent to the Concession granted in April 1898 to the French Government, or to a French Company designated by the French Govern- ment, to build a railway from Laokay to Yünnan-fu.
I avail, &c. (Signed) J. N. JORDAN,
AFFAIRS OF CHINA.
CONFIDENTIAL.
[10310]
No. 1.
SECTION 2.
China Association to Foreign Office.-(Received March 30.)
Sir,
159, Cannon Street, London, March 27, 1907. THE General Committee have perused and considered the letter from the Shanghae Branch of the Association, dated the 8th February, copy of which was handed to you by the Honorary Secretary on the 13th instant, on the subject of the proposed new Rules for the Mixed Court.
The Committee are of opinion that all the objections raised by the Shanghae Branch are well founded, and would have supported them in detail but for the intimation which was conveyed to them that no fundamental alteration in the draft was now possible. In consequence of this intimation the Committee, when considering the previous telegram from the Shanghae Branch, which summarized these objections, confined themselves to the very minimum of alteration which in their opinion would safeguard the situation and The letter in question does not render the proposed amendments at least innocuous. raise any points which were not present to the minds of the Committee when the telegram was considered, and therefore they adhere to the alterations which they have already had the honour to submit. I am further able to say that, from a subsequent that telegram from the Shanghae Branch (copy of which is inclosed) it would appear they too are prepared to acquiesce in the proposed draft, if altered in the sense suggested by this Committee.
But I am desired to add, in conveying this intimation, that the Committee are "after"Rules and unanimously of opinion that the insertion of the word "practice Regulations" in clause 2 is absolutely essential to safeguard the position; and that, if this word cannot be embodied, it would be far preferable to leave things as they are and await a more favourable opportunity for a thorough revision. In none of the alterations which we have had the honour to submit have we asked for anything more than has been established by custom, or by local agreement between the Shanghae Taotai and the Consular Body. It follows that any objection raised by China must be dictated by a desire to curtail the existing authority and practice of the Court, and circumstances have combined, lately, to show that acquiescence in any such endeavour would be attended with serious consequences to the good order and well-being of the Settlement.
A
The anticipation of the Shanghae community had been directed rather towards expansion, and events have occurred within the last few days which may strengthen the hands of His Majesty's Government in pressing for more efficient administration. member of the foreign municipal police force has been shot dead in the execution of his duty, and Sir Pelham Warren has, it is reported, addressed a strong protest to the Shanghae Taotai against the laxity of the native Courts, which, in his opinion, are respon- sible for the lawlessness that now prevails. This murder of a policeman appears to be the culminating act of a series of outrages which have been rampant in the outlying districts of the foreign Settlements for some considerable time. Crimes of murder among natives are not infrequent, and in one case the unspeakable barbarity of gouging a man's eyes out was perpetrated. Yet, when ruffians such as these are sent to the native city for trial, it is found they can in many cases buy off their punishment, and are free to resume their nefarious practices after a few weeks' or months' imprisonment.
It is confidently submitted that, with such a state of things prevailing, this is not the time to curtail the powers of the Mixed Court, which is the one Court to which the community can look for the moderately clean-handed administration of justice. The peace, order, and good government of the Settlements is a subject on which all are at one-foreigners and Chinese merchants alike. The Municipal Council does its duty, and the municipal police do their duty. The weak spot is the inefficient administration of the Courts.
It is hopeless to attempt to reform the native Courts in the city; it is almost waste of time to complain about them. But the Court which we can and do influence is the Mixed Court; and the object which should be aimed at, it is submitted, is so to strengthen it us to make it the sole Court for the determination of all Settlement cases, with a complete severance from the control of the native city Magistrate. This may not be practicable at the moment; but there is one practical suggestion arising out
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