CO129-353 - Public Offices - 1908 — Page 553

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

549

This case ventured to place myself in opposition to the learned Judge of His Majesty's Supreme Court in Hongkong, who has, I understand, made the subject of the jurisdiction of the British Crown in foreign countries a special study.

But after a careful consideration of the clauses in our Treaties with China relating to judicial proceedings in mixed cases and after an attentive perusal of the correspondence relating to the execution of civil judgments of the Hongkong Courts in China (published by the Hongkong Government as a Confidential Paper in July 1906), I have come to the conclusion that in this particular case it would not be right or expedient for me to request a Chinese Magistrate to serve a summons issued by a foreign court of law on a Chinese defendant resident in China, and that in general the views of the Chief Justice of Hongkong with regard to the extent of the jurisdiction of his Court in China are not views that the British Consul General at Canton can accept and act on without reference to His Majesty's Minister in Peking.

I have the honour to submit the action I have felt

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549 This case ventured to place myself in opposition to the learned Judge of His Majesty's Supreme Court in Hongkong, who has, I understand, made the subject of the jurisdiction of the British Crown in foreign countries a special study. But after a careful consideration of the clauses in our Treaties with China relating to judicial proceedings in mixed cases and after an attentive perusal of the correspondence relating to the execution of civil judgments of the Hongkong Courts in China (published by the Hongkong Government as a Confidential Paper in July 1906), I have come to the conclusion that in this particular case it would not be right or expedient for me to request a Chinese Magistrate to serve a summons issued by a foreign court of law on a Chinese defendant resident in China, and that in general the views of the Chief Justice of Hongkong with regard to the extent of the jurisdiction of his Court in China are not views that the British Consul General at Canton can accept and act on without reference to His Majesty's Minister in Peking. I have the honour to submit the action I have felt

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TA. 549 this case ventured to place myself in opposition to the learned Judge of His Majesty's Supreme Court in Hongkong, who has, I understand, made the subject of the jurisdiction of the British Crown in foreign countries a special study. But after a careful consideration of the clauses in our Treaties with China relating to judicial proceedings in mixed onses and after an attentive perusal of the correspondence relating to the execution of civil judgments of the Hongkong Courts in China (published by the Hongkong Government as a Confidential Papor in July 1906), I have como to the conclusion that in this particular case it would not be right or expedient for me to roquest a Chineso Magistrate to serve a sumons issued by a foreign court of law on a Chinese defendant resident in China, and that in general the views of the Chief Justice of Hongkong with regard to the extent of the jurisdiction of his Court in China are not views that the British Consul General at Canton can accept and act on without reference to llis ajesty's Minister in Peking. I have the honour to submit the action I have folt it

2026-06-07 07:53:51 · Baseline

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TA.

549

this case ventured to place myself in opposition to the

learned Judge of His Majesty's Supreme Court in Hongkong,

who has, I understand, made the subject of the jurisdiction

of the British Crown in foreign countries a special study.

But after a careful consideration of the clauses in

our Treaties with China relating to judicial proceedings

in mixed onses and after an attentive perusal of the

correspondence relating to the execution of civil judgments

of the Hongkong Courts in China (published by the Hongkong

Government as a Confidential Papor in July 1906), I have

como to the conclusion that in this particular case it

would not be right or expedient for me to roquest a

Chineso Magistrate to serve a sumons issued by a foreign

court of law on a Chinese defendant resident in China,

and that in general the views of the Chief Justice of

Hongkong with regard to the extent of the jurisdiction of

his Court in China are not views that the British Consul

General at Canton can accept and act on without reference

to llis ajesty's Minister in Peking.

I have the honour to submit the action I have folt

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