CO129-477 - Public Offices - 1922 — Page 366

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#CLOSURE NO. K IN ACTING CONSUL GENERAL AT SHANHAI'S DESPATCH 10.123 OK

15 MAY 1922 TO PEKING.

"North-China Daily News". 12 may, 1922,

FOREIGN REGISTERED CHINESE.

Jurisdiction of mixed Court Asserted: Definite

Ruling on Procedure.

An important decision regarding Chinese claiming

foreign nationality was given in the Mixed Court yes -

terday, definitely establishing the mode of procedure.

The Fokien Arsenal brought a claim against Pang Sung-

chin for Tls.15,000 and after the case had gone through

various stages Mr. Tycho Wing eventually secured

judgment by default for the plaintiffs.

The defendant then retained Dr. 0. Fischer to

argue on the ground that the court had no jurisdiction

as he was a Portuguese, born in Macao in 1878 and

receiving his papers in 1910. Dr. Fischer yesterday applied to ar. Blackburn (British Assessor) and Magis-

trate Kwan for instructions.

The following decision was givent-

Then he has

The principle we wish to establish is that any

person against whom proceedings are brought in this

Court cannot merely ignore its summons on the ground

that he is registered in a foreign Consulate, but must

appear and plead to the jurisdiction. appeared and pleaded the Court will then decide whether

he is subject to the jurisdiction of this Court or not,

and will for this purpose pay due regard not only to

the Chinese Law and the treaties between China and

foreign nations, but also to the particular circumstances

of/