563
42
defined by section X of the Code of Civil Procedure, subject only to the limitation contained in Ordinance 1 of 1861*.
While I do not for one moment question His Honour's right to be the sole judge on all questions of his jurisdiction over both Chinese and British subjects within the Colony of Hongkong, I am quite unable to accept his ruling that his jurisdiction extends to Chinese subjects in the Empire of China. I do not see how the provisions of the Hongkong Code of Civil Procedure or of a Hongkong Ordinance (His Honour is, I think, referring to Ordinance No. 2 of 1851 and not to No. 1) can be made applicable to Chinese subjects in China.
In the case of British subjects in China it has been found necessary to determine and define British jurisdiction by an Order in Council. In the case of Chinese subjects I know of no Treaty, Convention or Agreement between Great Britain and China whereby the latter have consented to a British Court of Law, even if established on Chinese soil, exercising jurisdiction over Chinese subjects.
+
+
563
42
defined by section X of the Code of Civil Procedur...,
mbject only to the limitation contained in Ordinance 1
of 1861*.
While I do not for one mommt question His Honour's
right to be the sole judge on all questions of his juris-
diation over both Chinese and British subjects within
the Colony of Hongkong, I am quite unable to accept his
ruling that his jurisdiction attends to Chinese subjucta
in the Empire of China. I do not sao how the provisions
of the Hongkong Code of Civil Procedure or of a Honkong
Ordinance (lie Honour is, I think, referring to Ordin noo
No. 2 of 1851 and not to No. 1.) can be made applic ble
to Chinese subjects in thinu.
In the onso of British subjects in hina it has been
found necesary to determine and dofine British juris-
diction by an Order in Council. In the case of Chinose
subjects I know of no "reity Convention or Agreement
botweon Great Britain and Chim whereby the lattor huvo
conanted to a British Court of Law, even if established
on Chine.e soil, exercising jurisdiction ov r Chinese
subj cts
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