CO129-353 - Public Offices - 1908 — Page 563

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

Enclosure 3 in Mp Fose's despatch of

Oct. 9. 1908.

559 42629

MIRORANIUM.

DEC 7 1000

The Acting Consul-General will, I am sure, forgive me pointing out that any question as to the jurisdiction of the Hongkong Court is one which it is for the Judges of the Court to determine; if the exercise of it is challenged it can only be by defendant. The jurisdiction of the Hongkong Court extends to Chinese in China, as it does to Frenchmen in Saigon or Japanese in Japan, in certain cases defined by section 42 of the Code of Civil Procedure; subject only to the limitation contained in Ordinance 1 of 1851. It is not in any sense limited by the provisions of Art. 23 of the Treaty of Tientsin. I suppose half a dozen writs are issued every month for service or attempted service on Chinese in Canton; most of them being served by the Solicitors themselves. When however any difficulty is likely to arise recourse has to be had to the good offices of the Consul-General, under clause 29 of the China and Corea Order in Council, 1904. The Acting Consul-General will find a recent instance of this in the correspondence in connection with the case of Watson and Co. v. the Yuen Kwong Wo Firms and others. I would point out

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Enclosure 3 in Mp Fose's despatch of Oct. 9. 1908. 559 42629 MIRORANIUM. DEC 7 1000 The Acting Consul-General will, I am sure, forgive me pointing out that any question as to the jurisdiction of the Hongkong Court is one which it is for the Judges of the Court to determine; if the exercise of it is challenged it can only be by defendant. The jurisdiction of the Hongkong Court extends to Chinese in China, as it does to Frenchmen in Saigon or Japanese in Japan, in certain cases defined by section 42 of the Code of Civil Procedure; subject only to the limitation contained in Ordinance 1 of 1851. It is not in any sense limited by the provisions of Art. 23 of the Treaty of Tientsin. I suppose half a dozen writs are issued every month for service or attempted service on Chinese in Canton; most of them being served by the Solicitors themselves. When however any difficulty is likely to arise recourse has to be had to the good offices of the Consul-General, under clause 29 of the China and Corea Order in Council, 1904. The Acting Consul-General will find a recent instance of this in the correspondence in connection with the case of Watson and Co. v. the Yuen Kwong Wo Firms and others. I would point out

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Enclosure 3 in Mp Fose's despatch of Oct. 9. 1908. 559 42629 MIRORANIUM. DEC 7 1000 The Acting Consul-General will, I am sure, forgive me pointing out that any question as to the jurisdiction of the Hongkong Court is one which it is for the Judges of the Court to determine; if the exercise of it is chal- lenged it can only be by defendant. The jurisdiction of the Hongkong Court extends to Chinese in Chin, as it does to Frenchmen in Saigon or Japanese in Japan, in certain casos defined by section 42 of the Code of Civil Procedure; subject only to the limitation contained in Ordinance 1 of 1851. It is not in any sense limited by the provisions of Art. 23 of the Treaty of Ticntain. I suppose half a dozen write are issued every month for service or attempted service on Chinese in Canton; most of them being served by the Solicitors themselves. When however any difficulty is likely to arise recourse has to be had to the good offions of the Consul-General, under clause 29 of the China and Corsa Order in Council, 1204. The Acting Con sul General will find a recent instance of this in the cor- respondence in connection with the case of Watson and Co. v. the Yuon Kwong Wo Firms and others. I would point out

2026-06-07 07:54:28 · Baseline

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Enclosure 3 in Mp Fose's despatch of

Oct.

9. 1908.

559

42629

MIRORANIUM.

DEC 7 1000

The Acting Consul-General will, I am sure, forgive

me pointing out that any question as to the jurisdiction

of the Hongkong Court is one which it is for the Judges

of the Court to determine; if the exercise of it is chal-

lenged it can only be by defendant. The jurisdiction of the

Hongkong Court extends to Chinese in Chin, as it does to

Frenchmen in Saigon or Japanese in Japan, in certain

casos defined by section 42 of the Code of Civil Procedure;

subject only to the limitation contained in Ordinance 1

of 1851. It is not in any sense limited by the provisions

of Art. 23 of the Treaty of Ticntain. I suppose half a

dozen write are issued every month for service or attempted

service on Chinese in Canton; most of them being served

by the Solicitors themselves. When however any difficulty

is likely to arise recourse has to be had to the good

offions of the Consul-General, under clause 29 of the

China and Corsa Order in Council, 1204. The Acting Con sul

General will find a recent instance of this in the cor-

respondence in connection with the case of Watson and Co.

v. the Yuon Kwong Wo Firms and others. I would point

out

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