7
488
2. Minutes of Proceedings to be supplied to Plaintiff.
The Regulation of the Court provide that a charge of 5 cents per 100 words is to be levied for copying documents, evidence, &c. Copies of the proceedings can be supplied to plaintiffs at the same rate.
3. Consul to have power to send Interpreter to watch Cases,
This power is reserved to Consuls by Treaty and has long been acted on.
The Consuls can always arrange by letter to send an official in special cases, but the Court hopes this power will be used sparingly. There is no need for a special Regulation on this subject.
4. Provision of Special Prison open to Inspection by Plaintiff.
(This part of the Memorandum is translated in full.)
Since the establishment of the Shen Pan Ting reforms have been made in every direction, and much zeal has been displayed in effecting improvements. Whenever the presiding Judge at the trial of a case orders that the defendant and witnesses be taken into custody, they are removed to the house of detention by the runners and police and are there inspected and counted every day by police officials and inspectors. Abuses, such as prison breach or illicitly setting a prisoner at liberty, are non-existent.
Owing to the lack of space and buildings it would not be convenient to set apart a special prison for the reception of Chinese defendants sued by foreigners for debt. Moreover, a prison is an important public building and if foreign plaintiffs are to be allowed access at all times, the gaolers will be constantly opening doors and will be much impeded in their duties. It would constitute, moreover, an encroachment on our sovereign rights, and it is therefore impossible to act on this suggestion.
The French Consul fears that defendants may disobey judgments and refuse to pay at the appointed time. It is, of course, impossible to guarantee that this will not ever happen, but the officers of the Shen P'an Ting are always competent to investigate whether the defendant has the power or the property wherewith to pay the judgment debt or whether the disobedience is wilful, and they can fix times for payment or pursue the defendant as the circumstances of each case may demand. It is not necessary to frame a special Regulation on this point.
5. Summoning of Guarantors.
A guarantor is not always pecuniarily responsible. Where he is pecuniarily responsible he can be summoned, and each case can be treated on its own merits without the insertion of a special clause.
6. Limits of Jurisdiction.
(This part of the Memorandum is translated in full.)
The constitution of the Shen Pan Ting is such that the Local Court (Ti Fang Ting) has the civil and criminal jurisdiction over all cases in the District of Tien-tsin, and the Superior Divisional Court (Kao Teng Fen Ting) has been established to deal with all cases of litigation arising in all the departments and districts within the Prefecture of Tien-tsin. This Court would also take cognizance of any case specially remitted to it by the higher officials. Cases between Chinese and foreigners are on a slightly different footing to local lawsuits of a purely Chinese complexion between soldiers and civilians. Tien-tsin being a Treaty Port all the Powers have appointed Consuls and large numbers of foreign merchants reside here, consequently no analogy can be drawn between the limits of the jurisdiction of the Tien-tsin Local District Court, - and the various limits set to other Prefectures, departments and districts. Nor would it be politic to adhere rigidly to the rule of law which lays down that the plaintiff must follow the defendant.
After joint consideration of this question the officers of this Court are of opinion that the district of Tien-tsin should be taken as being the limits of the jurisdictional area of the Court, but in cases arising in other Prefectures, Departments and districts where a foreigner is the plaintiff, and he requests his Consul to write to the Customs Taotai to issue instructions to the Court, no matter whether the defendant be a Tien-tsin merchant or not, a summons will be issued calling the defendant to Tien-tsin for purposes of trial.
If the defendant's place of residence be too far from Tien-tsin the Customs Taotai can take all the circumstances of the case into consideration, and request the official of the defendant's native place, whether Prefect, Department, or district, to summon and examine the defendant and deal with the case, or he can send an official to conduct the trial jointly with the local authority. This, it is hoped, will be both efficient and expeditious. We see no objection to the insertion of a clause to this effect in the Regulations, so that it may be conformed to.
Inclosure 6 in No. 1.
Proposed Draft of Despatch from Mr. E. T. Williams, as Senior Consul, to Ts'ai Taotai.
Sir,
Shen P'un Ting Regulations.
June 1905. WITH reference to your despatch of the 16th May last, addressed to Mr. Hopkins as senior Consul, inclosing a Memorandum drawn up by the Shen Pan Ting in reply to the six suggestions made by the Consular Body upon the proposed Regulations for that Tribunal, I have the honour to inform you that my colleagues have carefully considered the explanations and opinions set forth by the Shen Fan Ting, and have drawn up a Memorandum in reply showing the points as to which these explanations are accepted as satisfactory, and the points as to which some slight alterations are still regarded as necessary.
In inclosing this Memorandum for your consideration I beg to express the hope that the Regulations may be amended in accordance therewith, whereupon the members of the Consular Body are prepared, subject to the approval of the Foreign Representa. tives at Peking, to accept them as satisfactory.
Memorandum.
1. Closing Case when Defendant is too poor to pay.
In regard to this point, the Customs Taotai, at an interview with Mr. Hopkins on the 25th May, stated that nothing in these rules was intended to, or would, interfere with the right of a foreign plaintiff to institute fresh proceedings against a Chinese debtor whose case had been closed, should it be ascertained that subsequently to the closing of the case the debtor has come into the possession of funds or other property.
The Consular Body desire that the above assurance may be put on record in writing,
2. Minutes of Proceedings to be supplied to Plaintiff. The Consular Body accept the explanation that the Regulations of the Court provide for this.
3. Consul to have power to send Interpreter to watch Cases. As this power is reserved by Treaty, there is no need for a special regulation on the subject.
4. Prison to open to Inspection by Plaintiff.
There appears to be a misunderstanding as to this suggestion. The Consular Body do not ask that a special prison should be set apart for the reception of Chinese defendants sued by foreigners for debt, nor that foreign plaintiffs should be allowed
[1905 aa-}]
D
}
7
488
2. Minutes of Proceedings to be supplied to Plaintiff.
The Regulation of the Court provide that a charge of 5 cents per 100 words is to be levied for copying documents, evidence, &c. Copies of the proceedings can be supplied to plaintiffs at the same rate.
3. Consul to have power to send Interpreter to watch Cases,
This power is reserved to Consuls by Treaty and has long been acted on.
The Consuls can always arrange by letter to send an official in special cases, but the Court hopes this power will be used sparingly. There is no need for a special Regulation on this subject.
4. Provision of Special Prison open to Inspection by Plaintiff.
(This part of the Memorandum is translated in full.)
Since the establishment of the Shen Pan Ting reforms have been made in every direction, and much zeal has been displayed in effecting improvements. Whenever the presiding Judge at the trial of a case orders that the defendant and witnesses be taken into custody, they are removed to the house of detention by the runners and police and are there inspected and counted every day by police officials and inspectors. Abuses, such as prison breach or illicitly setting a prisoner at liberty, are non-existent.
Owing to the lack of space and buildings it would not be convenient to set apart a special prison for the reception of Chinese defendants sued by foreigners for debt. Moreover, a prison is an important public building and if foreign plaintiffs are to be allowed access at all times, the gaolers will be constantly opening doors and will be much impeded in their duties. It would constitute, moreover, an encroachment on our sovereign rights, and it is therefore impossible to act on this suggestion.
The French Consul fears that defendants may disobey judgments and refuse to pay at the appointed time. It is, of course, impossible to guarantee that this will not ever happen, but the officers of the Shen P'an Ting are always competent to investigate whether the defendant has the power or the property wherewith to pay the judgment debt or whether the disobedience is wilful, and they can fix times for payment or pursue the defendant as the circumstances of each case may demand. It is not necessary to frame a special Regulation on this point.
5. Summoning of Guarantors.
A guarantor is not always pecuniarily responsible. Where he is pecuniarily responsible he can be summoned, and each case can be treated on its own merits without the insertion of a special clause.
6. Limits of Jurisdiction.
(This part of the Memorandum is translated in full.)
The constitution of the Shen Pan Ting is such that the Local Court (Ti Fang Ting) has the civil and criminal jurisdiction over all cases in the District of Tien-tsin, and the Superior Divisional Court (Kao Teng Fen Ting) has been established to deal with all cases of litigation arising in all the departments and districts within the Prefecture of Tien-tsin. This Court would also take cognizance of any case specially remitted to it by the higher officials. Cases between Chinese and foreigners are on a slightly different footing to local lawsuits of a purely Chinese complexion between soldiers and civilians. Tien-tsin being a Treaty Port all the Powers have appointed Consuls and large numbers of foreign merchants reside here, consequently no analogy can be drawn between the limits of the jurisdiction of the Tien-tsin Local District Court, - and the various limits set to other Prefectures, departments and districts. Nor would it be politic to adhere rigidly to the rule of law which lays down that the plaintiff must follow the defendant.
After joint consideration of this question the officers of this Court are of opinion that the district of Tien-tsin should be taken as being the limits of the jurisdictional area of the Court, but in cases arising in other Prefectures, Departments and districts where a foreigner is the plaintiff, and he requests his Consul to write to the Customs Taotai to issue instructions to the Court, no matter whether the defendant be a Tien-tsin merchant or not, a summons will be issued calling the defendant to Tien-tsin for purposes of trial.
If the defendant's place of residence be too far from Tien-tsin the Customs Taotai can take all the circumstances of the case into consideration, and request the official of the defendant's native place, whether Prefect, Department, or district, to summon and examine the defendant and deal with the case, or he can send an official to conduct the trial jointly with the local authority. This, it is hoped, will be both efficient and expeditious. We see no objection to the insertion of a clause to this effect in the Regulations, so that it may be conformed to.
Inclosure 6 in No. 1.
Proposed Draft of Despatch from Mr. E. T. Williams, as Senior Consul, to Ts'ai Taotai.
Sir,
Shen P'un Ting Regulations.
June 190S. WITH reference to your despatch of the 16th May last, addressed to Mr. Hopkins as senior Consul, inclosing a Memorandum drawn up by the Shen Pan Ting in reply to the six suggestions made by the Consular Body upon the proposed Regulations for that Tribunal, I have the honour to inform you that my colleagues have carefully considered the explanations and opinions set forth by the Shen Fan Ting, and have drawn up a Memorandum in reply showing the points as to which these explanations are accepted as satisfactory, and the points as to which some slight alterations are still regarded as necessary.
In inclosing this Memorandum for your consideration I beg to express the hope that the Regulations may be amended in accordance therewith, whereupon the members of the Consular Body are prepared, subject to the approval of the Foreign Representa. tives at Peking, to accept them as satisfactory.
Memorandum.
1. Closing Case when Defendant is too poor to pay.
In regard to this point, the Customs Taotai, at an interview with Mr. Hopkins on the 25th May, stated that nothing in these rules was intended to, or would, interfere with the right of a foreign plaintiff to institute fresh proceedings against a Chinese debtor whose case had been closed, should it be ascertained that subsequently to the closing of the case the debtor has come into the possession of funds or other property.
The Consular Body desire that the above assurance may be put on record in writing,
2. Minutes of Proceedings to be supplied to Plaintiff. The Consular Body accept the explanation that the Regulations of the Court provide for this.
3. Consul to have power to send Interpreter to watch Cases. As this power is reserved by Treaty, there is no need for a special regulation on the subject.
4. Prison to open to Inspection by Plaintiff.
There appears to be a misunderstanding as to this suggestion. The Consular Body do not ask that a special prison should be set apart for the reception of Chinese defendants sued by foreigners for debt, nor that foreign plaintiffs should be allowed
[1905 aa-}]
D
No comments yet.
Private notes are available after approval.