CO129-350 - Public Offices - 1908 — Page 356

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

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for their posts little regard is, I believe, paid to their legal attainments. A knowledge of law is not essential for the administration of justice, and deficiencies in it may be made good, as in the case of many English civilians in India in early days, by the possession of high character, common-sense, and a strong desire to do justice, but these are gifts conspicuously absent in the class from which the Residents are drawn, and I doubt whether any Japanese official of experience would suggest that they are persons to whom jurisdiction over foreigners could with any propriety be intrusted. As the Resident-General himself told me some months ago, he is, strictly speaking, entitled to refer foreign complaints against Japanese subjects to their legal remedy in the Residents' Courts, but he feels morally bound to allow their complaints to be dealt with extra-judicially by the Residency-General, on representations from the foreign Representative concerned. The other course would, in fact, amount to a denial of justice, for it is useless to expect a fair decision from the average Japanese Besident where the defendant is a Japanese and the complainant a foreigner or a Corean.

While this state of things lasts the Japanese Government may well hesitate to suggest, and foreign Powers agree to, the complete abolition of foreign extra-territorial rights in Corea. If, however, there were some special department in which Japanese legislation and Japanese administration had been such as to inspire general confidence that a particular class of cases affecting foreign interests might without misgiving be left the uncontrolled jurisdiction of Japan, a first step toward the abolition of extra-territorial privileges might conveniently be taken by waiving them in that class of cases.

The choice of "matters relating to the infringement or misuse of trade marks" for this exceptional treatment seems, however, somewhat singular.

I have, &c.

(Signed) HENRY COCKBURN.

CHINA TRADE,

CONFIDENTIAL.

(42358]

No. 1.

[December 28.]

SECTION 2.

Sir J. Jordan to Sir Edward Grey.--(Received December 28.) (No. 537.) Sir,

Peking, November 18, 1907. WITH reference to my telegram No. 185 of the 1st instant, I now have the honour to inclose a translation of the Chinese Mining Regulations communicated to me by the Wai-wn Pu,

The translation of this badly drawn document has taken nearly a month to complete, but it will be evident from a cursory perusal of its provisions that the delay is of no practical importance since the Rules are entirely inacceptable.

The main principle of these Regulations to which exception must be taken is that dealing with the exterritorial rights of foreigners. It is sought by this enactment to deprive foreigners engaging in mining enterprise in China of all Consular protection Po render them amenable in all matters arising from such mining enterprises to Chinese jurisdiction. In the case of criminal offences provision is made, it is true, for sending foreign offenders to their nearest Consul for trial, but even here it is laid down that, unless the Consul's decision satisfies the wishes of the Chinese, the whole nationality of the foreigner concerned shall be precluded from mining in the province in question.

Although the IXth Article of the British Treaty of the 5th September, 1902, clearly contemplated that only Mining Concessions granted after the publication of the new Rules should be subject to their provisions, the present Regulations are apparently intended to have a retroactive effect, and to provide for the revision of existing Mining Agreements on the basis of "China's sovereign rights."

As regards the technical parts of these Regulations, the division of minerals into various classes, the area of mines, and the multifarious restrictions imposed upon mine-- owners, I can hardly do more with the information at my command than express the general opinion that they appear to me designed to frustrate any attempt, native or foreigu, to develop the mineral resources of the country.

I intend to take an early opportunity of informing the Wai.wu Pu that the whole code is, in my opinion, calculated to exclude rather than to attract foreign capital, and is contrary to the spirit of the British Treaty of 1902.

I have, &c.

(Signed) J. N. JORDAN.

Inclosure in No. 1,

(Translation)

Chinese Mining Regulations.

PART I.-General.

SECTION 1. Issue of new Regulations and repeal of former Regulations.

These Regulations shall come into force on the date of promulgation. All former Mining Regulations whatsoever are hereby repealed.

PART II-Control.

Section 2. The Board of Agriculture, Industry, and Commerce to be the chief

controlling authority in mining affairs.

In the exercise of their control over mines, the Board, equally with all persons concerned in mining enterprises, will observe these Regulations (which have received. Imperial sanction), so as to secure uniformity of practice. They will likewise observe any supplementary or revised Regulations for the development of mining or relating to

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