CO129-533-11 Protection of Anglo-Chinese in China 21-2-1931 - 22-9-1931 — Page 15

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servera.

3.

The judicial police are provided by

the Municipal Council but are appointed by the

Court. They are in theory the servanta of

Court and under the agreement they may be dis-

missed by the resident of the Court upon cause

shown.

7. It will be remembered that during the negot-

iations for the agreement, the chinese did their

best to resist the demand that the judicial police

should be supplied by the Council and even after

the establishment of the Courts, there was some

difficulty in getting the Chinese authorities to

accept the present judicial police arrangements

which go rather beyond what was contemplated by

the agreement. The system has since worked

amoothly, largely because the Council have been

ca:eful not to abuse the powers they possess

through the police to interfere with court orders.

8. The above will explain why I am reluctant

to bring the Council into conflict with the Chinese

judiciary, except for a matter of fundamental

principle, where our case is clear under the

treaties. I would not hesitate to do so in

defence of the extraterritorial rights of ordinary

British subjects, but I would urge that a legal

question of this nature should be decided in

accordance with legal principles, and as regards

persons with dual nationality, the accepted

/international

J.