CO129-477 - Public Offices - 1922 — Page 345

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"As to my other remarks, I wish to stand by them, for they are absolutely true. It is a scandal that it should be possible for defendants, after proceedings have been instituted against them in this Court, to go off and get protection from a foreign consulate.

I may add that Sir Everard Fraser completely approved of my protest against the practice of protection.

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These two cases were considered at the next consular body meeting together with a minute by myself asking the views of the Consular Body as to whether or not the Mixed Court Chinese Court is bound to surrender jurisdiction over every Chinese who produces a certificate of protection from a foreign consul. The Spanish consul was not present, but wrote the letter copy of which I attach. The general opinion however was that a certificate of protection issued to a Chinese after the cause of action has arisen or, in a criminal case, after the date of commission of the alleged offence, is not sufficient

to remove a case from the jurisdiction of the Mixed Court

and a reply was sent to the Registrar of the Mixed Court

accordingly. This decision, was, however, for all practical purposes valueless, for it is a simple matter to have a certifi- : cate ante dated, and I am assured by members of the British Bar that this is a not infrequent occurrence. Not only so, but the Consular Body would not extend their ruling to Chinese registered as foreign nationals as opposed to proteges, and their decision also does not cover that large category consis- and have ting of Chinese compradores and others who register

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- as foreign proteges in case it might

for years registered

one day come in useful.

Meantime/