CO129-373 - Public Offices - 1910 — Page 538

[This Document is the Property of His Britannic Majesty's Government.]

AFFAIRS OF CHINA.

CONFIDENTIAL.

# [44009]

CO 39116

[December 5.]

SECTION 1,

trot 23 FC 10 No. 1

Mr. Mar Müller to Sir Edward Grey.-(Received December 5.)

(No. 412.) Sir,

Peking, November 15, 1910. WITH reference to my despatch No. 230 of the 16th July last, I have the honour to report that, at a meeting held on the 17th ultimo, the diplomatic body dealt with certain questions connected with the practice and powers of the mixed court at Shanghai.

It will be remembered that at the meeting of the 21st May the German Minister was unable, without the authority of his Government, to assent to the principle that, in all criminal cases where a foreign interest was involved, the consul of the nationality concerned had the right to demand that an assessor of his nationality should sit with the Chinese magistrate. On the 17th October Count Luxburg, who represented the German Minister, announced that the German Government would accept the view of the majority of the foreign representatives. As was explained by the dean, a question both of principle and of practice was involved. As regards the first, it was decided to reply to the senior consul at Shanghai that the diplomatic body saw no occasion to express an opinion on the subject, as the texts of the treaties seemed perfectly clear. This reply, of course, carries with it the recognition of the principle, but in the course of the discussion it became apparent that there was a general consensus of opinion as to the inconvenience which would result from a disturbance of the existing practice by which the duties of assessor are divided between the British, American, and German consular representatives, and the Austro-Hungarian Minister voiced the opinion of his colleagues when he said that it would rest with each legation to determine whether the right secured to it should be exercised or not.

The question as to the interpretation to be given to a "foreign interest" did not on this occasion come up for discussion.

On the 4th April the municipal council addressed a letter, copy of which I have the honour to enclose, to the senior consul at Shanghai, expressing the view that the time had arrived for further effort in the direction of restoring to the mixed court its former powers of punishment in all cases except such as called for the death penalty or banishment, and in a letter dated the 5th July, copy of which is also enclosed, they revert to what they regard as a most unsatisfactory state of things, due in large part to the curtailment of the powers of the mixed court in this respect.

In forwarding the first of these letters to me, His Majesty's consul-general submitted that there could no longer be any doubt of the total unfitness of the city magistrate for his post, and in commenting on the second, the consular body laid stress on the grave inconvenience entailed by the transfer of criminals to the native tribunal, and on the increasing necessity of conferring wider powers on the mixed court.

The

I have the honour to enclose the copy of a despatch from Sir Pelham Warren containing his observations on the questions dealt with in these letters. diplomatic body fully appreciated the considerations urged by the municipal council, but they did not consider the moment opportune for raising a question which would entail protracted discussions with the Chinese Government with little chance of a satisfactory conclusion. It was decided to address a despatch to the senior consul to that effect.

I have, &c.

W. G. MAX MÜLLER.

Enclosure 1 in No. 1.

Sir,

Mr. Landale to M. Siffert.

Council Room, Shanghai, April 4, 1910,

I HAVE the honour to draw the attention of the consular body to a recent case

at the mixed court in which the prisoner, by name Chun San Loon, convicted of

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