CO129-353 - Public Offices - 1908 — Page 568

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

564

mubjecte rosidont in China. The principle røverning judic-ial proceedings in mixed cases in China is clearly laid down in Section II of the Tientsin Convention. "It is understood that so long as the laws of the two countries (i.e. Great Britain and China) differ from each other there can be but one principle to guide judicial proceedings in mixed cases in China, namely that the cause is tried by the official of defendant's nationality.

The law administered will be the law of the officer trying the case.

It is evident that the Chinese Authorities may under this clause require all cases in which Chinese are concerned as defendants to be tried in a Chinese Court by a Chinese official. In practice the Canton Authorities rarely refuse to lend their assistance in carrying out a judgment of the Hongkong Court, but the official concerned invariably summons defendant to appear before him, and it is only after inquiring carefully into the case and satisfying himself that defendant is liable, that he orders defendant to satisfy plaintiff's claim against him.

His Honour will doubtless remember the case of Wai Ving...

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564 mubjecte rosidont in China. The principle røverning judic-ial proceedings in mixed cases in China is clearly laid down in Section II of the Tientsin Convention. "It is understood that so long as the laws of the two countries (i.e. Great Britain and China) differ from each other there can be but one principle to guide judicial proceedings in mixed cases in China, namely that the cause is tried by the official of defendant's nationality. The law administered will be the law of the officer trying the case. It is evident that the Chinese Authorities may under this clause require all cases in which Chinese are concerned as defendants to be tried in a Chinese Court by a Chinese official. In practice the Canton Authorities rarely refuse to lend their assistance in carrying out a judgment of the Hongkong Court, but the official concerned invariably summons defendant to appear before him, and it is only after inquiring carefully into the case and satisfying himself that defendant is liable, that he orders defendant to satisfy plaintiff's claim against him. His Honour will doubtless remember the case of Wai Ving...

Baseline (Original)

564 mubjecte rosidont in China. The principle røverning judic- ial proceedings in mixed cases in China is clearly laid dom in Section II of the Thefoo Convention. "It is under- stood that so long as the laws of the two comtries (i.8. Great Britain and China) differ from each oth r there can bo but one principle to ruide judicial proceedings in mixed cases in China, namely that the ouse is tried by the official of defendant's nationality. administered will be the law of the officer trying the ..the law It is evident that the Chinoso Authorities may under this clause require all cases in which Chinese are con- cornod as defendants to be tried in a Chinese Court by a Chinose official. In practice the Cunton Authorities rarely refuse to lend their assistance in currying out a judgment of the Hongkong Court, but the official con- cerned invariably surmons defendant to appear before him, and it is only after mquiring carefully into the caso and satisfying himself that defendant is liable, that he orders defendant to satisfy plaintiff's claim wainst him. His Honour will doubtless remember the case of Wai Ving į

2026-06-07 07:54:48 · Baseline

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564

mubjecte rosidont in China. The principle røverning judic-

ial proceedings in mixed cases in China is clearly laid

dom in Section II of the Thefoo Convention. "It is under-

stood that so long as the laws of the two comtries (i.8.

Great Britain and China) differ from each oth r there can

bo but one principle to ruide judicial proceedings in

mixed cases in China, namely that the ouse is tried by

the official of defendant's nationality.

administered will be the law of the officer trying the

..the law

It is evident that the Chinoso Authorities may under

this clause require all cases in which Chinese are con-

cornod as defendants to be tried in a Chinese Court by a

Chinose official. In practice the Cunton Authorities

rarely refuse to lend their assistance in currying out a judgment of the Hongkong Court, but the official con- cerned invariably surmons defendant to appear before him,

and it is only after mquiring carefully into the caso

and satisfying himself that defendant is liable, that he

orders defendant to satisfy plaintiff's claim wainst him.

His Honour will doubtless remember the case of Wai

Ving

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