CO129-543-16 China- protection for Anglo-Chinese 13-2-1933 - 13-3-1934 — Page 69

98

.

course would be to amend the definition of british

subject* in Article 3 of the China rder in Council,

so as to exclude from it persone who possess Chinese

nationality under Chinese law, other than persons who

have been less than six months in China. thether the

Chinese Government will now make any arrangement to

cover transient visitors is doubtful and unless they

are prepared to amend their nationality law to cover

such visitors, we should still have the same conflict

of jurisdiction though cases might be rare. But, as

stated above, I should be quite prepared to leave out

of consideration the question of the transient visitor

and see the definition of British subject amended quite

simply to exclude those who possess Chinese nationality

under Chinese law. The transient visitor would still

be entitled to the good offices of consular officers

and if we are not prepared to contest the jurisdiction

of the Chinese Court in such a good case as kr, Tseng's

it would not be worth while, in my opinion, delaying

a final settlement of this question by attempting to

maintain a last remnant of jurisdiction in the case of

the transient visitor.

I have the honour to be,

sir,

Your most obedient,

humble servant,

(Signed)

J.F. BREN AN,

Consul-General.