CO129-477 - Public Offices - 1922 — Page 356

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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from the Spanish Consulate (letter produced and handed into Court

and read by the Assessor).

This is a copy of the letter:-

sir,

re Ling Yin Sen.

Having been informed by Messrs. Allan and Hartigan, Counsel for the above named Ling Yin Sen, that their client has been wrongfully arrested by the S. M. Police and is to be brought

I have the honour to inform you that before the Mixed Court. Ling Yin Sen is registered in this Consulate and that any charge against him has to be filed with this Consular Court.

Signed by the Spanish Consul.

Before going

Chief Inspector Wheeler continued and said: - any further I wish to state, that Mr. Allan rung me up on the telephone this morning at 9-10 a.m. and spoke to me about this matter and mentioned that a Spanish protege had been arrested and I told him that I had been instructed by you and told him that the accused would have to come to Court and plead to the jurisdiction in this Court. I mention this as no one appeared in Court when the

case came up for trial.

Assessor said: - It is alleged that the accused is a Spanish Protege, but that does not take him out of the jurisdiction of this Court. He must prove that he has ceased to be a Chinese citizen. Has he got a certificate of denaturalisation from the Ministry of the Interior in Peking? Nationality is not like a suit of clothes which

you can put on and take off at will.

Mr. Hartigan said: He has his right as a Protege.

Assessor said: A Protege has less rights than a citizen and in that case it is not even alleged that he has ceased to be a Chinese

citizen.

You Mr. Hartigan are an American citizen and if you went

to

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