CO129-345 - Public Offices & Foreign Office - 1907 — Page 453

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

AFFAIRS OF CHINA.

CONFIDENTIAL.

[36181]

No. 1.

450

[November 2.]

SECTION 1.

(No. 439.) Sir,

Sir J. Jordan to Sir Edward Grey.-(Received November 2.)

REFERRING to my despatch No. 280 of the 12th June and subsequent

Peking, September 17, 1907. despatches respecting the Shanghae riots case, I have the honour to inclose a translation of a further Memorandum received from the Wai-wa Pu 2nd September.

on the

This consists of a telegram from the Viceroy, contending that his proposals of May last (inclosed in my despatch No. 230 of the 35th May) are amply sufficient for the purposes of a joint investigation, and repudiating the possibility of bringing the ex-'T'aotai and other officials into Court as witnesses.

He also lays stress on the necessity of appointing assessors of another nationality to assist in the investigation.

To this I have replied that the essence of the inquiry would lie in demonstrating the degree of responsibility to be borne by the Chinese officials, and that this could not be done if they did not appear personally and were merely represented by counsel; while as regards assessors, I saw no reason for such appointment, as the Judge of His Majesty's Supreme Court would be concerned solely with the British interests involved.

Since the present proposals were a mere reiteration of what had passed before, and showed that a completely different point of view was entertained by the Viceroy as to the object of the joint investigation, I could only ask the Central Government to decide this matter, either by following a procedure of investigation, acceptable to His Majesty's Government, or by paying compensation and punishing the guilty without further delay.

I have the honour to inclose a copy of the Memorandum in which I have embodied this reply, and which I presented to the Wai-wa Pu to-day.

I have, &c.

(Signed)

J. N. JORDAN.

!

Inclosure 1 in No. 1.

Memorandum communicated by Wai-wu Pu to Sir J. Jordan,

(Translation.)

THE following telegraphic reply has been received from the Viceroy at Nanking

"The Shanghae Taotai states, after consideration, that the four questions of fact which His Majesty's Minister is willing to refer to the inquiry are all contained in the nine sub-divisions of clause 3 of the Rules for Joint Inquiry originally drawn ap, and so have been adopted by each party already. With regard to clause 1 of the Rules, which provides for the employment of counsel to represent witnesses: its object is to preserve the dignity of Chinese officials, and it has no prejudicial effect upon the conduct of the inquiry. It is quite inadmissible to forcibly require Chinese officials to appear in person before the tribunal. Again, with regard to the provision in clause 2 that each party should invite a subject of a third nation to act as an assessor to the Court: the object of this is to provide against any undue leanings to one side or another, while the chief control will remain in the hands of the Judge and Taolai. This also cannot prejudicially affect the proceedings. Moreover, the International Municipal Council is concerned, and it is essential that impartial persons should be included to secure the administration of strict justice. The above two clauses, together with the procedure described in the nine sub-divisions of clause 3, show the intention of the Chinese Government is to hold a searching inves- tigation, and bring to light the rights and wrongs of the affair, and to facilitate a settlement with no ulterior designs or base motives.

[2732 b-1]

*