CO129-479 - Governor Sir Stubbs - 1923 [1-3] — Page 501

Ed

Jurij eroleredi zangga blươw $1 bea,ali tot twoð samaq u/?

Jaum stad baqqiranest seedsoqab of brugern di bw wwwog Y

ni teɓTO (Jaembroma) aciz edi to § elaléza nogu bregab Teńšøde fukiduch nadi erom Bm of Budva #I ‚TORI,I kostreð voq yika na novkg ●Inidza vidi Jab A SVĚDOST

ja embeɣ v wrapet po

est ni et betreder på [nò 277 16. Ingitoang sắt .. vislost ritel odi do neddol yn To 8 diparjazaq To dzag bacoes bicow q#Ion 17916 aldi qidadang dgood? „dnatroqui sula #1 din 19 Fell writ pď babirong anew droone ysa li serta dom ...and iri možektoďška

abdo- „0 vad I addodƐ JIJI (BE)

•

Copy.

Your Excellency,

Enclosure 5.

Shanghai,

496

H.B.M. Supreme Court,

29th August, 1922.

I have the honour to acknowledge and thank you

for your despatch (Mo.197/1921) ▲.G./H.E. dated April 3rd, 1922.

I regret that I have not been able to reply to it before, but His Honour Judge Turner having been away on leave since February, there has been a great pressure of work and such matters as were not urgent have had to be put aside pending the cessation of the work in the Courts.

I quite agres with you as regards paragraph 5 of your despatch. Once on the ship I think the warrant of His Majesty's Supreme Court would cover the detention on board, but

I also am doubtful whether article 6 of the China (Amendment) Order in Council 1907 gives you power to compel a Master of a

ship to receive a deportes.

I am inclined to think that then that Order in

Counell (1907) was drafted and issued they assumed that either

His Excellency the Governor or some Judicial Official had the

same power as regards Masters of British ships ar His Majesty's

Judge possesses in all Capitulation Jurisdictions under article

124 in Chim, and under similar articles in other countries where

capitulations exist.

But before answering the despatch as a whole or

suggesting any legislation to cover that which does appear to be

a "histus" between the two jurisdictions I would rather await the

return of His Honour Judge Skinner Turner who had conducted the

previous cerrespondence and discussion on the matter. He will not return till just before Christmas this year.

■ Excellency

Sir Edward Stubbs, K.C.M.G...,

The Governor,

Hongkong.

I have etc..

(3d). Peter Grain,

Acting Judge.

7.