CO129-477 - Public Offices - 1922 — Page 363

ناندا

300-VII

ior Mixed Court Magistrate to senior Consul.

losure No. 4.

lation.

Sir,

362

Shanghai, May 4th, 1922.

I have the honour to state that many cases have recently occurred in which Chinese citizens against whom warrants and summons have been issued by the mixed Court have managed to evade our jurisdiction by producing certificates of registration issued by foreign consulates.

These certificates

are of two kinds, certificates of nationality and certificates of protection. Out of courtesy for the foreign consulates con- cerned this Court has hitherto not insisted on its strict rights, and has refused to take jurisdiction over Chinese who have produced such certificates.

Now, however, the practice of granting such certifi- cates has grown to such proportions, and is liable to such abuse by unscrupulous persons, that the administration of justice is becoming a mockery, and it has seemed right to us (Magistrates) with the approval of the British and American Assessors to assert the jurisdiction of this Court in cases of persons, who, though registered at a foreign consulate, are by the Chinese law recognised as Chinese citizens.

!

The Chinese law on the subject is that the child of Chinese parents is a Chinese even though born in a foreign country and that a person of Chinese nationality who wishes to become foreigner must first obtain the permission of the ministry

Cases,

it is true, may arise in which a person has

of Interior.

a dual nationality, but in such cases the rule of international

law/

!