CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 58

2.

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and practical arrangement would be to let all personal status cases go before the British courts in the reserved

areas

3. There remains the question whether, to the ex- tent that other personal status matters may go to the Chinese courts, we should acquiesce in administration of estates going there too, or whether it is desirable to make a special effort to retain such matters in our own hands. The Chinese would probably be willing that we should keep non-contentious administration matters, as in many countries such cases are dealt with by the consul concerned. It is desirable to be clear as to the impor- tance to be attached to retaining administration metters in our own hands, as such matters do not fall within the ordinary attributions of British consuls and it would be necessary to confer special powers upon than if they were not acting as a consular court. This question is partly financial and partly practical. The financial side, which relates to the levying of probate fees (not death duties), is still under consideration by the Departments concerned. The practical question is whether British subjects would prefer that these matters should continue to be dealt with by British consuls, or whether in the event of the Chinese system providing machinery for doing the necessary business in such matters (which has not always been the case in other countries) they might think it more convenient to have recourse to that.

4. The question of personal status cannot be defini- tely settled until a decision is reached on the question of reserved areas, but you should be guided by the above considerations in any further discussion on the subject you may have with the Minister for Foreign Affairs. On the question in general, and that of administration in particu- lar, I should be glad of your views, and it may assist you to obtain the views of our Shanghai Court authorities, and particularly of the Crown Advocate.