CO129-362 - Public Offices - 1909 — Page 787

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shall also be separately registered, independent of any registration made in Japan, and for a deposit from the latter here.

The insurance business done by British firms here is considerable, and is certain to grow as trade and the country develops. At present there are sixteen British insurance companies represented.

The whole question would appear to turn on the power of the Japanese authorities to claim jurisdiction over the subjects of treaty Powers in the leased territory. Even if they have this power, it would seem unfair to mako foreign companies who have already complied with the laws of Japan in Japan itself undertake fresh responsibilities here, and thereby put them to a disadvantage, however slight, as compared with their Japanese competitors.

I have, &c.

E. L. S. GORDON.

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Dairen, though this does not apply to British companies which have no offices in Japan.

I have referred the matter to the Japanese Foreign Office, but I am informed that it would be advisable to take no action till a reply has been received from Mr. Chikaraishi to the letter addressed to him by certain British firms on the 28th August last, and which formed the enclosure to Mr. Gordon's despatch.

If from this answer, when received, it would appear that British firms are being discriminated against in any way whatever, I have to request you to report the matter to me immediately.

I am, &c.

HORACE RUMBOLD.

Sir,

Inclosure 2 in No. 1.

British Firms trading at Dairen to Mr. Chikaraishi.

Dairen, August 28, 1909. AS we understand that some demands have been made by you regarding the registration of foreign insurance companies, we, the undersigned, beg to request that you will give us, in writing, full particulars of your requirements.

We presume that, in any case, as regards the insurance companies who are already transacting business in Japan and have made the deposit required there, you do not ask more than certified copies of their licences.

We are, &c.

(Per pro. Cornabe, Eckford, and Co.),

F. LARKINS.

RENISON and Co.

(Per pro. Bush Brothers),

F. J. BARDENS.

(Per pro. Samuel, McGregor, and Co. (Limited)),

C. U. STUART.

(Per pro. Butterfield and Swire),

W. T. ALWAY.

(No. 19.) Sir,

Inclosure 3 in No. 1.

Mr. Rumbold to Acting Vice-Consul Paton.

Tokyo, September 20, 1909.

I HAVE to acknowledge receipt of Mr. Gordon's despatch No. 39 of the 3rd instant, relating to the status of British firms engaged in business in the Kwantung peninsula vis-à-vis the Japanese authorities, and asking for instructions on this point.

In my despatch No. 16 of the 10th instant I informed Mr. Gordon of the substance of a despatch received from the Foreign Office, from which you will have learnt that His Majesty's Government do not claim exterritorial rights within the leased territory of Kwantung, and it appears to me therefore that the British firms and companies engaged in business in Dairen are in precisely the same position vis-à-vis the Japanese authorities as they would be in Japan itself as regards all questions covered by those laws and ordinances of Japan which were made to apply to the Kwantung leased territory by Imperial Ordinance No. 213 of the 22nd September, 1908, amongst which the Civil Code, the Commercial Code, and the law relating to insurance business are mentioned.

Mr. Gordon mentions in his despatch that it appears that Japanese insurance companies at Dairen are not registered, and that the authorities do not require them to be registered. If this can be proved to be the case, then there would be no necessity for branches of British companies already registered in Japan to register in

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