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2
civil officer, with an escort of military police sufficient for his personal safety, should be dispatched in November or December next from Myitkyina to kamti, for the purpose of asserting British supremacy in a formal manner, and of delivering a sanad, as in the cases of other Shan chiefs, to the sawbwa, who has just succeeded his brother, to indicate that his authority is recognised by British Government, from Valuable information as to tribes round Hkamti, and as to whom it is derived. nature of their connection, if any, with Chinese authorities in Yünnan and Szechuan, would also be collected by the officer.
As real object of visit of Chinese officer is open to some doubt, Burmah Government strongly recommend that above step should be taken without any preliminary formal protest at Peking; we should, moreover, attach an undesirable clement of importance to proposed visit of our civil officer by raising question with Chinese Government. Result of representation to China at present moment might be that whole country as far as Malikha would be claimed as within Chinese Empire, which would make it difficult for us thereafter, without some appearance of an act of war against a friendly country, to take forcible possession. Views of Burmah Government have our entire concurrence.
In order that necessary preliminary arrangements may be undertaken, we should be glad to receive your approval of course proposed as early as possible.
[This Document is the Property of His Britannic Majesty's Government.]
20347
AFFAIRS OF CHINA.
[August 2.]
CONFIDENTIAL.
SECTION
RECO REGE 16 SEP 10]
[27862]
No. 1.
Mr. Max Müller to Sir Edward Grey.--(Received August 2.)
(No. 230.) Sir,
Peking, July 16, 1910. I HAVE the honour to transmit herewith a concise and valuable memorandum by Mr. J. T. Pratt upon the working of the international mixed court at Shanghai.
I regret that for reasons of health, which made it dangerous for Mr. Pratt to sit for the long hours in the vitiated atmosphere of the court, of which I myself had experience on my recent visit to Shanghai, I have been obliged to transfer him from his post of senior assessor, but I consider that this memorandum shows that he had a good grasp of his duties and of the complicated system of that unique institution, the mixed court, and ought to prove of great assistance to future assessors.
On pp. 1 and 2 Mr. Pratt describes the practice in regard to the attendance of assessors other than British, German, and American in the mixed court, and he refers to the attempts that have been made from time to time to obtain recognition of the principle that the fact of a Chinese defendant being in foreign employment constitutes à sufficient foreign interest to enable the assessor of the nationality concerned to displace the assessor of the day.
The enclosed copy of a despatch from the senior consul at Shanghai to the doyen of the diplomatic body on the 17th March shows that this question has again been raised by certain of the consuls. In circulating this despatch to the foreign representatives, M. de Kuczynski expressed his opinion on the points at issue as follows:---
"Les deux questions à résoudre dont il s'agit paraissent assez simples.
"En ce qui concerne la première question, celle de savoir s'il est possible à chaque consul de faire juger par son propre assesseur toute affaire criminelle ou de police qui l'intéresse et dans laquelle uu de ses ressortissants est impliqué, on pourrait répondre affirmativement, dans le sens de la proposition formulée par le consul général d'Italie au mois de janvier 1908 et confirmée ensuite dans la séance du corps consulaire de Shangbai du 18 février, 1908.
"Quant à la seconde question, à savoir, l'interprétation qu'il y a lieu de donner à l'expression 'intérêts étrangers engagés,' on pourrait se référer au paragraphe 3 du règlement pour le 'mixed court' de Shanghaï, publié le 20 avril, 1869, où il est dit :-
it i
Quand le défenseur est un Chinois au service d'un étranger, le consul ou son délégué pourra assister à l'audience, mais non pas y intervenir, si un intérêt étranger n'est pas en cause.'
"Car il résulte du texte même de cette disposition du règlement que le fait qu'un Chinois est au service d'un étranger ne constitue pas encore en lui seal un
intérêt étranger.'
وو
The despatch from the consular body at Shanghai raises, as M. de Kuczynski stated, two issues: firstly, the principle that in all the criminal cases where a foreign interest is involved, the consul of the nationality concerned has the right to demand that an assessor of his nationality sit with the Chinese magistrate; and, secondly, Though it appeared to me the interpretation of the words "a foreign interest." beyond doubt that the principle would not be contested, I preferred before putting my views on paper for circulation among my colleagues, to consult IIis Majesty's consul-general at Shanghai.
I have the honour to enclose a copy of the despatch which I have received from Sir Pelham Warren, explaining his views, with which I found I was fully in accord. I thereupon embodied my views in the accompanying minute for the information of the heads of missions, and I trust that these views will meet with your approval.
The question was discussed at a meeting of the foreign representatives, held on the 21st May, when everybody appeared to be ready to adopt the suggestion of the
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