557
the nature referred to in the Letter of Request can only
be made by me in my Consular capacity and the request for
my intervention should in that case be made through the
medium of Your Excellency's Government.
Furthermore, I venture to submit, with all due deference
to the opinion of His Honour the Chief Justice, that
this is not a case in which, as far as the defendant is
concerned, His Honour's Court can exercise jurisdiction.
As far as I can gather from the documents enclosed in the
Letter of Request this is a claim for debt made by a
British subject resident in Hongkong against a Chinese
subject in his. As it is not alleged that Defendant has
absconded from the Colony, the proper course would appear
to be to bring an action against him, through the medium of
his Consulate-General, in the Namhoi Magistrate's Court.
Should, however, the Chinese defendant in this case
turn out to be an "absconding debtor" within the meaning
of Article XXIII of the Treaty of Tientsin, I venture to
suggest that the usual procedure in such cases be followed,
namely that Plaintiff should obtain a judgment by default
in the Supreme Court in Hongkong, which judgment,
on
being
+
557
the nature referred to in the Lettor of Request can only
be made by me in my Consular capacity and the request for
my intervention should in that case be made through the
medium of Your Excellency's Government.
Furthermore, I venture to submit, with all due dofer-
ence to the opinion of His Honour the Chief Justice, that
this is not a case in which, as far as the ofendent is
concerned, His Honour's Court can exercise jurisdiction.
As far as I can gather from the murmons enclosed in the
Letter of Request this is a claim for debt made by a
British subject resident in Hongkong against a Chineso
subject in hins. As it is not alleged that Defendant has
absconded from the Colony, the proper cour. o would apponr
to be to bring an action aminst him, through the mediwa of
his Consulate-General, in the Namhoi Magistrate's Court.
Should, however, the Chinese defondant in this case
turn out to be an "absconding debtor" within the meaning
of Article XXIII of the Treaty of Tientsin, I venture to
suggest that the usual procedure in such cases be followed,
namely that Plaintiff should obtain a judgment by default
in the Supreme Court in Hongkong, which judgment,
on
boing
No comments yet.
Private notes are available after approval.