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No. 6.
Sir E. Satow to the Marquess of Lansdowne.—(Received October 14.)
(No. 235.) (Telegraphic.) P.
SUPAO Case.
Peking, October 14, 1903.
With reference to the last paragraph of my telegram No. 220 of the 9th ultimo, no communication has been made to me by Prince Ching as to the result of the telegram which he promised, but, I incline to believe, omitted to send.
The Senior Consul at Shanghae was addressed on the 30th August by the Viceroy of Nanking in a letter in which he demanded the surrender of the accused. This letter was considered by the Diplomatic Body on the 3rd October and to-day. It was agreed that the Consular Body at Shanghae should be instructed to reply that, though unable to surrender the prisoners to the Chinese authorities, they are prepared to consent to their trial before the Mixed Court, to which may be added, if necessary, for the trial of the case according to Chinese law, a Chinese official of sufficiently high rank for the purpose.
The Consular Body are further to intimate to the Viceroy that, should this pro- posal be rejected by him, the accused cannot be indefinitely detained in custody.
The trial, moreover, must follow the rules of strict justice, and, if a verdict of guilty be found, the punishment awarded must be proportioned to the offence.
Lastly, the Viceroy may be informed that, in the opinion of the Diplomatic Body, such measures should be taken as may be necessary to prevent the recurrence of similar incidents in the future.
(No. 167.) (Telegraphic.) P.
No 7.
The Marquess of Lansdowne to Sir E. Sator.
SHANGHAE Sedition Case.
Foreign Office, October 15, 1903.
The instructions issued to Consular Body, as reported in your telegram No. 235 of yesterday, seem quite satisfactory, but the punishment of the prisoners, if convicted, must be carried out in the Settlement, and I assume the Chinese Government under- stand this.
(No. 236.)
No. 8.
Sir E. Satou to the Marquess of Lansdowne,—(Received October 16.)
(Telegraphic.) P.
SUPAO Case.
Peking, October 16, 1903.
With reference to your Lordship's telegram No. 167 of yesterday, the Chinese Government is not being communicated with in Peking, but the British Acting Consul-General at Shanghae will be instructed that the punishment of the prisoners, should they be convicted, must, in accordance with the agreement originally made, be carried out in the foreign Settlement.
No. 9.
The Morquess of Lansdowne to Sir E. Satow.
(No. 168.) (Telegraphic.) P.
Foreign Office, October 17, 1903. WITH reference to proposed scheme, for diverting Northern Railway Loan Funds to construction of branch line to Hsiku and station there and purchase of land for the purpose, the British and Chinese Corporation are informed by their agents at Shanghae that you require the approval of His Majesty's Government.
You are authorized to notify our approval unless you see any objection.
Sir,
No. 10.
Foreign Office to the China League.
Foreign Office, October 19, 1903. I AM directed by the Marquess of Lansdowne to acknowledge the receipt of your letter of the 2nd instant, relative to the questions of local administration and Mixed Court jurisdiction at Shanghae.
I am to inform you that a despatch has been received from His Majesty's Chargé d'Affaires at Peking, inclosing a report, drawn up by the Acting British Consul- General at Shanghae, on the alleged breaches, to which attention was called in your letter of the 18th February last, of the Provisional Rules defining the jurisdiction of the Mixed Courts in the foreign Settlements at Shanghai.
Case No. 1.---Mr. Mansfield states that Fung Yung-tung, a resident in the interior, was visiting Shanghai in connection with a transaction in cocoons. He was living at an inn, and had become security for a contract to deliver a certain quantity of the cocoons to a Chinese dealer. The contract was not carried out, and a claim was brought against him in the Mixed Court of the French Settlement. According to Fung Yung-tung's statement, he was decoyed by an agent of the dealer to a ten-house in the French Settlement, and was there arrested by the French police, and brought before the Mixed Court.
The case was brought to the notice of the Consular Body by the Municipal Council. The French Consul-General positively denied any complicity of the French police in inducing the man to come into the French Settlement, and stated that a French firm were interested in the case As, by Fung Yung-tung's own statement, he was only a visitor in Shanghae, and not a resident, the Consular Body did not con. sider that any direct contravention of the Provisional Regulations had occurred.
Case No. 2.-Mr. Mansfield has inclosed copies of the correspondence which passed between the Municipal Council and the Council of the French Settlement relative to the case of a native dog-catcher in the employment of the Municipal Council, who was arrested by the French police for having crossed over in pursuit of a dog to the French Settlement.
The Municipal Council admitted that the native was technically in the wrong, and properly liable to punishment, but drew the attention of the French Council to the fact that a municipal employé, known to be in their service, should not have been tried and convicted at the Mixed Court in the French Settlement without formal notice being given, and full opportunity afforded to the Municipal Council to he represented in such manner as might be considered suitable. The Municipal Council further stated that they trusted that, with a view to the maintenance of correct procedure and good relations, as a matter of courtesy and of right, the French police would be instructed "hereafter, should any such case occur, to give formal notice in writing to them of any proceedings that might be impending against a municipal servant."
The French Council, in their reply, did not deny the correctness of the view put forward by the Municipal Council, but stated that, having taken note ("pris connaissance") of the letter, they had decided to communicate it to the French Consul-General.
Case No. 3.--Mr. Mansfield explains that licences are granted by the Municipal
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