246
THE DECLINE OF BRITISH IN FLUENCE IN THE FAR EAST.
(Octoper 4, 1645.
"Mixed Court and the powers and authority "of the magistrate certainly require revision, "to enable him to act as an independent "official at present he is simply the nominee and deputy of the Thotai, who at "any moment can intervene and bar a hear- ing, and in these two actions by the bank "the Taotai wielded his authority accord "ingly and refused all trial in open Court. "The questions thus raised are receiving
CF
"
'of
the careful consideration of the higher "authorities, but so far no satisfactory "settlement has been arrived at.”. court of this kind is obviously a very un- satisfactory tribunal to adjudicate on the many complicated disputes which must necessarily arise in a large commercial centre like Shanghai between foreigners and natives. Foreigners, however, know the a rule take pre- risks they run and as cautions by exacting payment of bar- gain money or refusing credit altogether. But it was supposed, until the recent judgment of the Privy Council, that in the event of a Chinaman bringing a claim against a British subject and the British subject having also a claim against the Chinaman the two actions would be trid together by the British court. Instead that it is discovered that while the Chi, na- man can prosecute his suit in the British court the Englishman must carry his to the Chinese court,
tribunal whose know- ledge of law and equity is very pri mitive and whose honesty is not above suspicion. It is only fair to mention that as regards the Magistrate of the Shang- hai Mixed Court, Mr. SCOTT takes the op- portunity in his report
acknowledge his uniform courtesy, and ready co-opera- "tion in dealing with all Cases, civil and criminal, before his count," which is very satisfactory as far as it goes, but as remarked by Mr. SCOTT in previous paragraph, the Magistrate is not an independent judge, but a mere nominee of the Taotai. The latter has no foreign astissor to assist, advise, or control him, and is to deal with the business that comes before hinr according to his own native ideas. Our Shanghai morning contemporary say:-"It seems hard that a
THE HONGKONG WEEKLY PRESS AND
representatives of other powers at Peking soliciting orders from the Chinese Govern- ment for their nationals, it came to be felt afterwards that it would be inadvisable for The Times is doing good service in draw-
the British Minister to demean his country ing attention to the decline of British in-
by following their example. People who do fluence in the Far East since the China- dirty work do it for what they can make by Japan war, and it is to be hoped the various it, but in the long run clean business pays What the British Government Chambers of Commerce throughout Great best. Britain will take the matter up and bring for British firms and to being pressure to should do, therefore, is not to solicit orders sufficient pressure to bear on Lord SALIS bear in order to get them, but to prevent BURY to induce him to take energetic China succumbing to such pressure from action. A strong foreign policy is generally other quarters and to secure a fair field for expected from Lord SALISBURY, with his British enterprise. Russia and France, with overwhelming parliamentary majority, and the doubtful concurrence of Germany, have entered into a compact for the undermining if such a policy were adopted we in the Far of British trade in China, not by ordinary East would share in its benefits. But so far commercial competition, but by diplomatic as Lord SALISBURY individually is con- and political influence. Russia, with the cerned the expectation of great things rests assistance of her allies, saved the Liaotung Pennisula, nominally for China, really for on a very slender foundation and it will herself, as will be seen in the course of a only be under strong pressure that he will few years, but for the present the territory act. The foreign policy of the last Con- remains Chinese, and in return for her servative administration was not char-services Russia demanded the negotiation of the Chinese loan and no one knows acterised by any particular vigour, but, on
what other advantages besides. At the the contrary, by very considerable weak-close of the Franco-Chinese war France tried ness so far as the Far East was concerned.
to secure for herself the exclusive claim to So will it be again, unless strong pressure any orders for railways that China might be brought to bear. Lord SALISBURY, in have to give. It ended in an agreement that when China shall have decided to construct fact, does not relish the turmoil of a row, railways she shall have recourse to French he loves peace and quietness, and as long as
industry, but that this claim shall not be possible would prefer to leave things alone. looked upon as constituting an exclusive When thoroughly roused we believe he 'privilege in favour of France.' The clause would act effectively, but a good deal of is perhaps less absurd than it looks, for it rousing is wanted, as is seen by the may be construed as at least securing for France a right to tender. It might history of the Kucheng affair. It seems
not be a bad thing if a similar clause were clear now that the statement. tele- introduced into the British treaty, not with graphed out by Reuter that the punish-reference to railways only, but in reference ment of the Viceroy of Fuhkien had been to all financial and industrial matters in which China may have occasion to seek demanded was
ke and that, as
foreign assistance. ime, it puggesvee
four is hat itish merchants and merely the already disgraced ex-Viceroy of manufacturers ask for; to that they are Szechuen that was meant. LIU is in disgrace entitled, and it is the duty of the British with his own Government for conduct quite Government to see that they get it and are independent of and anterior to the Szechuen not prejudiced by exclusive privileges being riots, and for the foreign powers to ask for granted to the subjects of other powers. his punishment is not much. The case of the Viceroy of Fuhkien is quite different. To ask for his punishment would be to ask for something like substantial reparation for the atrocities that have taken place through his neglect; but we do not believe that any such demand has been preferred or that the criminality of the high officials in Fuhkien has yet been thoroughly recognised by Lord SALISBURY, who is rather disposed to yield to Sir HALLIDAY MACARTNEY's blandish ments and accept the view that the Chinese Government really and honestly deplores the outrages. Hence it is important that pressure should be brought to bear on the Foreign Office to open its eyes to the real position in China and the necessity for vigorous action all along the line.
we
was
**
11
"}
fairfield and no
COUNTER-CLAIMS| AGAINST CHI- NESE PLAINTIFFS IN H.B.M.
SUPREME COURT IN CHINA.
counter-
+
*
47
a
to
British defendant who has a counter- "claim against the Chinese plaintiff should. "not have the right to urge it in the same "court and at the same time as he is being sued, but must make it the subject "of a separate action in the Chinese court; "but this inconvenience is part of the part "of the price he pays for immunity from "Chinese jurisdiction.” But the incon- venience is not necessarily part of the price and steps should be immediately taken to remove it, at least to the extent of mak- ing the Mixed Court at Shanghai an independent and reliable tribunal. In the Chefoo Convention the following "under- embodied :- "The Chinese standing" is "Government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power, or dread "of unpopularity, constantly fails to enforce "his judgments. It is now understood. "that the Tsung-li Yamen will write a "circular to the Legations, inviting
σε
14
The decision of the Privy Council in the Chishima-Ravenna case, that a claim cannot be brought against a Japanese or Chinese plaintiff in the British court, is calculated to introduce a considerable element of uncertainty into commercial transactions between British subjects and Chinese at the treaty ports. The decision is of less importance as regards Japan than China, for the courts of Japan may be appealed to with some confidence that the decision will be in accordance with equity and the recognised rules of jurisprudence, but the Chinese courts are beneath contempt. An Englishman, therefore, who is sued by a Chinaman and who has a counterclaim
Foreign Representatives at once to con- against the plaintiff is placed at a decided
"sider with the Tsung-li Yamen the mea disadvantage by the fact that the claim and
66 sures needed for the more effective ad counterclaim cannot be adjudicated upon by
"ministration of justice at the ports open to the same tribunal, but that he must go to a Chinese court to prosecute the counter- trade." The recent decision of the Privy claim. Mr. Vice-Consul Scorr, in his report Council renders it more than ever impera- on the working of the Mixed Court at tive that measures for the more effective ad- Shanghai last year, mentions as still pending ministration of justice should at once be That two suits brought by the Bank of China and taken. The Mixed Court at Shanghai might
Japan against certain Chinese shareholders who have refused to pay any calls on their shares, and says:-"The constitution of the
The commercial interests of Great Britain are suffering, as the safety of the persons of foreigners is being jeopardised, by the decadence of British influence and prestige at Peking. The powerful assist ance of the Times in drawing attention to the position is therefore very welcome. Something must be done--but what? Here, perhaps, we might not find ourselves so closely in agreement with the Times, if it Reuter's telegram seems to indicate, that the Foreign Office or the Minister is to canvas for contracts. subject was discussed some years ago, and although there was at the time, as there is now, some alarm felt at the activity of the
means,
as..
36
**
now at any time be called upon to try, say, a complicated Admiralty suit, and it entirely incompetent for the task,
No comments yet.
Private notes are available after approval.