3.
that treaties constitute law but they insist that
Chinese judicary will not permit of so radical a
departure from provision of Chinese criminal code.
New version represents result of our attempts to
make privileges we seek compatible with provisional
code which gives judge discretion in cases of all offences punishable by imprisonment up to six months and in cases of certain offences punishable by imprisonment up to one year of imposing fine instead.
But to avoid conflicting with code and Chinese legal
procedure payment for fine instead of imprisonment
must be made before and not after sentence is delivered.
Clause 6. Chinese insist that court must have some
discretion in regard to bail.
nationalities in mind.
They have other
Clause 7. This stands
unchanged at present but Hsu Mo, while himself
considering it acceptable, makes reservation that it
is still under expert examination. Clause 8. They
fought hard to cut this out as derogatory since trials
were naturally open to public. I insisted that we must have it and eventually amended version was
accepted on understanding that it could, if Chinese
so desired be moved to a separate declaration.
6. My preliminary work with Hsu Mo is now
completed and I shall have no further discussions
with him until His Majesty's Minister arrives.
7.
46
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