CO129-424 - Governor Sir May - 1915 [9-10] — Page 134

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(To accompany Enclosure 1.)

Extract from Intelligence Report for June Quarter.

5.

Rights of Chinese British Subjects.

123

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A case has arisen recently involving the administration of

the real estate of a deceased Chinese in the interior in which the sole-

-what difficult problem arose of the right of a Chinese British subject

to share in real estate in the interior bequeathed to him. It is clear

that as a British subject he is not entitled to enter into possession,

but the solicitors of the claimant argued that, if he formally renounces

any such pretention, he is entitled to Consular assistance in obtaining

the cash value of his share. As it turned out in the particular case

referred to, it was unnecessary to give a ruling on this point. There

was reason to suppose that the maker of the will was himself a British

subject and that therefore the will was ineffectual as regards land in

China, Koreover the claimant himself, before disclosing his British

status, had instituted legal proceedings direct in the Chinese Courts

and had only applied to the Consulate when he found himself in difficult

-ies, so that in accordance with the well established practice of this

Consulate, recognition was refused him.

The point however may arise again, when we shall be obliged

to define our attitude. Mr. Jamieson in his despatch to the Legation

No.. 42 of October 14, 1914, recommended that an applicant for registra-

-tion should be required to "renounce all interests on the mainland

which are contrary to Trenty and could not be vested in the British

subject of non-Chinese descent". An applicant for registration, for

instance, on being warned of his disabilities as a British subject may

demand our assistance in converting into cash his share of the family

estate in China. It would doubtless be undesirable to take up such a

case but substantially the same principle would be involved supposing

that real estate in the interior were to be bequeathed to a British

subject of non-Chinese descent. Would such a bequest be void ab initio

or not?

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