CO129-361 - Public Offices - 1909 — Page 552

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No. 21.

Sir E. Satow to the Marquess of Lansdowne,~~(Received October 26.)

(No. 243.) (Telegraphic.) P.

Peking, October 26, 1903. INDEMNITIES. With the exception of the Russian Government, which has sent no instructions as yet, all the Powers have concurred in the proposal mentioned in your Lordship's telegram No. 163.

I have been informed, in confidence, by M. Dubail, that the French Government has sanctioned the remission of the interest on the difference (see my telegram No. 230, fourth paragraph), but such a concession has, up to the preseut, been strenuously com- batted by the German Government.

Does your Lordship sanction my taking sides with my French colleague ?

No. 24.

Sir E. Monson to the Marquess of Lansdowne.—(Received October 28.) (No. 561.) My Lord,

Paris, October 27, 1903. I HAVE the honour to acknowledge the receipt of your Lordship's despatch No. 520 of the 21st October, and to inclose copy of a note which, in accordance with your Lord- ship's instructions, I have addressed to M. Delcassé with regard to the respective jurisdic- tions of the Mixed Courts of the International and French Settlements at Shanghae.

I have, &c.

EDMUND MONSON.

(Signed)

No. 22.

The Marquess of Lansdowne to Sir E. Satow.

(No. 174.) (Telegraphic.) P.

Foreign Office, October 26, 1903. TIEN-TSIN-CHINKIANG Railway. British and Chinese Corporation express surprise at the alleged desire of the German group to separate their interests from those of the British group, as reported in your telegram No. 239 of the 20th October.

The Corporation have promised us an early statement of their views which we are now awaiting.

They have had no communication from the German group since the Conference held in Berlin in March last when it was arranged to continue the partnership.

(Confidential.)

Sir,

No. 23.

Foreign Office to Treasury.

Foreign Office, October 27, 1903. WITH reference to your letter of the 3rd instant, I am directed by the Marquess of Lansdowne to transmit to you copy of a telegram which has been received from His Majesty's Minister at Peking, in which Sir E. Satow requests permission to act with bis French colleague who has been authorized, in the event of the proposal put forward by the Belgian Minister with regard to the Chinese indemnity being accepted by the Powers, to forego the interest on the difference between gold and silver payments.

It will be remembered that the Lords Commissioners of the Treasury sanctioned the remission of interest on annual differences between the sums paid by the Chinese Government and those properly due by them under the Protocol in connection with the proposal that the payment of the British instalments of the indemnity should be accepted on a silver basis up to 1910.

Lord Lansdowne proposés, if the Lords Commissioners concur, to approve Sir E. Satow's acting with the French Minister in the matter, and he would be glad if he could be favoured with their Lordship's views on the subject at the earliest possible date.

I am, &c.. (Signed)

F. A. CAMPBELL.

M. le Ministre,

Inclosure in No. 24.

Sir E. Monson to M. Delcassé.

Paris, October 26, 1903. I AM in receipt of a despatch from His Majesty's Principal Secretary of State for Foreign Affairs calling my attention to the fact that the Provisional Rules which were drawn up in the summer of 1902 by the British, French, and German Consular officers at Shanghae for defining the respective jurisdictions of the Mixed Courts of the Inter- national and French Settlements at that port, bave remained in force up to the present time, but that they have never been considered satisfactory, and that they were accepted, as their title implies, only as a modus vivendi until a definite arrangement could be arrived at. As matters now stand, the British Minister at Peking reports that the French Consul-General at Shangbae has declared himself unable to send an Assessor to th Mixed Court in the International Settlement, and denies the right of other nationalities to send Assessors to the Mixed Court in the French Settlement, in which only the French Assessor sits with the Chinese Magistrate.

Since the Provisional Rules with regard to the jurisdiction of the two Courts were agreed to, a Committee consisting of the British, German, and United States' Ministers at pre- Peking, have been intrusted by the Diplomatic Body in that capital with the task of paring a draft of amendments to the Rules of Procedure of the Mixed Court in the Inter- national Settlement, and the final draft prepared by this Committee was presented to the Diplomatic Representatives for their approval, and accepted by all except the French Minister, who stated that he had asked his Government for instructions in the matter. In June last Mr. Townley, His Majesty's Chargé d'Affaires, reported that M. Dubail was still without instructions.

M. Dubail expressed to Mr. Townley the opinion that the present arrangement would work very well if properly applied. Experience bas, however, shown that difficulties have frequently arisen, and in the opinion of His Majesty's Acting Consul-General at Shanghae, friction between the authorities of the two Settlements is certain to occur as long as the present conditions continue. I am accordingly instructed to state to your Excellency that, although it would no doubt be advisable that all details with regard to procedure should be settled locally, His Majesty's Government trust that the French Government will see their way to send instructions to the effect that the two Courts in the Settlements should be placed on an equal footing, that when a Frenchman is concerned in a case in the Inter- national Settlement a French Assessor should be present, and that, similarly, when a foreigner of any other nationality is interested in a case in the French Settlement, an Assessor of that nationality should be present, all cases being tried in the Court of the Settlement in which the defendant resides. I am at the same time to point out that the Provisional Regulations now being acted upon at Shanghae were, as already stated, only adopted as a temporary measure pending a definite Settlement.

I have, &c. (Signed) EDMUND MONSON.

* No. 21.

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