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persons who, when within the limits of the Chinese Empire, would, To Colonial Office, without doubt, be deemed by the Chinese Government to be subjects of January 25, 1910.
[Treaty, No. the Emperor of China and amenable solely to Chinese jurisdiction." 1962.]
In a further letter to the Colonial Office of the 21st February, To Colonial Office, it was stated that the correspondence disclosed no ground for modifying February 21, 1910.
these views :-
<<
The national status of the murdered man, or of the perpetrator of the crime, when within the limits of the new territory, Hong Kong, has no bearing on the latter when he is within the limits of the Chinese Empire, were he must be deemed to be a Chinese subject.
The Colonial Office showed some reluctance to accept this view, and instructed the Governor of Hong Kong to follow the mode of procedure suggested by the Viceroy, but without making any admission as to the status of the inhabitants of the leased territories of Hong Kong. An official with witnesses from Hong Kong attended the trial of the murderer in the magistrate's court in China, and the man was found guilty and sentenced. The Governor then drew attention to the unsatisfactory position of the inhabitants of the leased territory, as compared with other Hong Kong Anglo-Chinese whom we claimed the right to protect in China, and urged that no time should be lost in arriving at an agreement with the Chinese Government on the subject.
21. Ip Lam Sau, Canton, 1911.
[Treaty, No. 5867]
Ip Lam Sau, a Hong Kong Chinese-British subject, was thrown into Canton, No. 10, prison by the local magistrate in Canton. The British vice-consul hastened November 30, down to the magistrate's office with a despatch from the consul-general 1921. and Ip Lam Sau's passport, registration certificate and Hong Kong birth [T 598/598/810.] certificate. The magistrate spurned these credentials as worthless, insulted the vice-consul and threw the despatch in his face. The vice-consul sent a message to the consul-general, who sought an interview with the Governor-General, and, finally, Ip Lam Sau was released at midnight and brought away by the vice-consul, who had refused to leave the magistrate's office. The magistrate was cashiered a few days later.
In the discussions which followed as to the magistrate's action in spurning the Hong Kong birth certificate, a reliable Chinese stated that it was
because it was well known that on payment of a few hundred dollars any Chinese subject could obtain a Hong Kong birth certificate." In consequence of this case the consul-general gave instructions that Chinese applicants for registration as British subjects should be dealt with by the pro-consul instead of the junior assistant, as heretofore.
22. Hu Shu-pen, Canton, 1915.
1915. (171019.)
A Chinese residing in the interior died and bequeathed real estate to Acting Consul- one Hu Shu Pen, a British subject of Chinese descent registered as a General Kirke to British subject in His Majesty's consulate at Canton. Hu Shu Pen, Governor of Hong without disclosing his British status, instituted proceedings in the Chinese Kong, June 30, courts to recover his share of the real estate. When he found himself in difficulties he applied to the British consulate, but "in accordance with well-established practice," the consul-general refused to take up his case, primarily because he had in the first instance concealed his British status. On reference to His Majesty's Government the following rule was laid Colonial Office, down: If a person of Chinese race has definitely accepted British November 18, nationality he must also accept any attendant disadvantage that may arise; 1915. (171049.) consequently, if in Chinese law such a person cannot own immovable Sir J. Jordan, property or land in (the interior of) China, it is not necessary or desirable No. 10, January 5, that His Majesty's consular officers should be called upon to assist him in obtaining the pecuniary value of the property.
[16827]
F
1916. (21683.)
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