CO129-477 - Public Offices - 1922 — Page 339

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Spanish protection, and the matter was referred to the

Court for instructions. The Court directed that Ling should

be rearrested and when he was brought before it, over-ruled his plea to the Court'a jurisdiction and remanded him in custody for a special hearing before the Magistrate sitting with a Japanese Assessor. The accused was brought up next day before the Chinese Magistrate and Japanese Assessor, overruled a renewed plea to the jurisdiction, and set down the

case for hearing.

3.

10

Both in this case and in two other cases in which

proceedings in the Mixed Court had been instituted against Chinese, my Spanish colleague wrote to the Registrar of the Court claiming jurisdiction over the accused on the ground

In each case the that they were Spanish protected persons. Court decided, in spite of the Spanish Consul's claim, to

In one of these cases the Chinese assume jurisdiction. Magistrate was sitting with the American Assessor.

4.

occasion,

Thus the Mixed Court, differently constituted on each

the British, American and Japanese Assessors being

those respectively concerned has in three different cases, decided that a mere certificate of foreign protection is not sufficient to oust the jurisdiction of the Mixed Court over

Chinese citizens.

5.

On the 10th instant, at a meeting of the Consular Body, my Spanish colleague supplemented his written protests by a long speech, in very imperfect English or French, in which I understood him to claim that in accordance with certain Regulations made under Article 3 of the Chinese-Spanish Treaty of 1864, Spanish protected persons are amenable exclusively to the jurisdiction of the Spanish Consular Court, and to say

that/

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