CO129-482 - Public Offices - 1923 — Page 181

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Your Excellency,

Enclosure 5.

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179

H.B. Supreme Court, Shanghai,

29th August, 1927.

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I have the honour to acknowledge and thank you

LA

for your despatch (No.197/1921) A.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 or since February, there has been a great pressure of work and such matters us were not urgent have had to be put aside panding the. cessation of the work in the Courts.

I quite agree with you as regarda puraSTUON your despatch. Once on the ship I think the warrant of His Majesty's Supreme Court would cover the detention on board, kuta 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 deportee.

I am inclined to think that when that Order in. Council (1907) was drafted and issued they assumed that either His Excellency the Governor or some Judicial Official had the

same power as regarde Masters of British ships as His Majesty' Judge possesses in all Capitulation Jurisdictions under article

124 in China, and under similar articles in other countries whe capitul..ti ona exist.

But before answering the despatch as a whole or

suggesting any legislation to cover that which does appear to be

a "hiatus" between the two jurisdictions I would rather await tne

return of His Honour Judge Skinner Turner who had conducted tha

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

.be Tube

is Excellency

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

The Governor,

Hongkong.

I have etc..

(d). Peter Grain,

Acting Judge.

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