CO129-417 - Public Offices - 1914 — Page 241

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I agree with the view expressed by Sir "dward Davidson and Mr Malkin.

The effect of residence by an Englishman in Chira on his civil domicile was fully considered by Chitty J. in In re Tootal's Trusts 23 Ch. D.532.

There it was contended that the jurisdiction of the English Courts and England's other treaty rights resulted in such residence conferring an "Anglo- Chinese domicile. Chitty J. held that these extra- territorial privileges did not affect the question of domicile, as the sovereignty over the soil at Shanghai remain vested in the Emperor of Chira.

decision was expressed approved in Abd-ul-Messih

y- Farra 13 A.C.451.

That

There is no authority for the suggestion that

these extra-territorial rights affect commercial domicile any more than they do civil domicile.

So to hold would be to introduce a new distinction

between civil and commercial domicile which has

never been suggested by any authority.

JOHN SIMON

Oct.6th 1914