ABUSE OF THE BRITISH FLÁG
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(Daily Press, 31st May.) It is often possible to glean a little light to what is going on with regard to matters at issue between the Chinese authorities and the foreign officials from the Notes on Native Affairs" published by the NC Herald. Some weeks back the Hongkong General Chamber of Commerce was exercised over the discovery that Chinese junks clearing from Hongkong with piece goods on board flew foreign fings and exhibited Consular authorisation for: same, by virtue of which they were -enabled--to ~ bid-- defiance to the Imperial Maritime. Customs when they demanded --payment of the Ching-fei, a tax levied by the Viceroy of the Two Kwang for local purposes. These junks hoisted the French, German, and American flags for the express purpose of being able to avoid this pay- ment. The owners were, by this device, placed in a position to compete successfully with other junks, and it became possible for foreign owners of cargo to get goods into the interior without the handicap of local taxation. That a British port should be made the base for such a conspiracy-on the one hand, to defraud the Chinese of their taxes, and on the other to steal a march on British exporters of goods into China- was certainly stretching matters rather far, and the Chamber did well to call the attention of the Hongkong Govern ment.to an abuse of the privileges of the portwhich amounted to a scandal. It is evident that the grievance has been made the subject of negotiation, probably in connection with those now being conducted by the British Special Commissioner at Shanghai, for we are told in one of the native notes that a clause in the new Com- mercial Treaty will deal with the evil. It is proposed that, should any vessel flying the British flag be suspected by Chinese officials to be the property of Chinese Consul shall, on owners, the British complaint being made by the Chinese authorities, investigate the matter, and if It should prove that the charge is correct that the vessel in question has been illegally using the British flag, the Consul shall hand over the said vessel to the Chinese authorities to be dealt with according to Chinese law. In the same manner, if it should transpire that any British subject using such vessel be aware that it is illegally flying the British flag and fail to report the matter to the British authorities, the entire British-owned cargo carried by the raid vessel shall be confiscated and the British subject implicated in the fraud be dealt with according to British law. So far so good, but it is not of British subjects we have to complain, and unless we can get the daze prohibition agreed to by other Treaty Powers little will have been gained. Presumably, however, the same agreement would, under, the favoured nation clause, have to apply to other Powers unless they specially repudiated it at the time. In any case we hope we can trust the British Minister to see that we are not conceding pomts, which might be turned against us. We should be sorry to see the British flag affording protection to law-breakers an·l contrabandists, but it is eminently desirable o see that entery rising foreigners are not beruntted to cheat the Chinese Customs enue under, the shadow of the Union
follo
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appointments have been made Sub-Lieutenant, L. 8. undated, Navel Cadet
to the Glory.
THE HONGKONG WEEKLY PRESS AND
THE MUNICIPALITY AND THE CONSULS AT SHANGHAI.
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[June 2, 1902.
It is evident that the Council misunder. "stands its position with regard to judicial "matters. It has been the practice that the Mixed Courts have sent their Yamen runners to execute warrants and sum. "monses in connection with the police as a "matter of convenience and to check possible irregularities likely to arise from
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and that the records of the Senior Consulate contained numerous precedents for extradi- tion to the French side of native residents defendants in civil suits. Admitting that (Daily Press, 26th May.) The matter which has been agitating the the action of the authorities of the French foreign community of Shanghai for the Settlement was open to grave objection, past few weeks is one of no little importance both in this matter and in the earlier case, to the welfare of the Settlements there. Mr. GOODNOW was of opinion thất, until the The question arose thus, A summons was questions at issuз had been discussed by issued for the appearance at the Mixed the Consular Body and a definite under- Court of the Foreign, or International, standing arrived at, locally or in Peking, it Settlement at Shanghai of eight coolies would be advisable not to raise any ques charged with depositing garbage during tions as to the administrative rights invol prohibited hours, one of whom was in the ved. In this view the Chairman of the employ of a French firm domiciled in the Council concurred. However, on the 29th Foreign Settlement: The Captain Superin- April, the Senior Consul verbally informed tendent of Police requested the Acting the Chairman of the Council that at the French Consul-General to stamp the sum-request of the French Consulate he had en This the latter refused to do, saying dorsed a new warrant for the arrest of the mons. that his instructions forbade him from four natives and requested its immediate exe- sitting as judge in a Mixed Court outside cution. A special meeting of the Shanghai the French "Concession" and pointing out Municipal Council was convened and the that the police might charge the offending | Council, by unanimous vote, decided that it is coolie before the French Mixed Court inadvisable in the public interest that this The secretary of the Shanghai Municipal warrant (a warrant issued by the French Council was thereupon instructed to call Mixed Court and endorsed by the French upon M. BATARD, but he failed to ialuce Acting Consul-General and lly the Senior the representative of Franch to modify bis Consul) should be execute I, pending further claim to jurisdiction in regard to Chinese reference of the matter and consideration subjects in French employ and to exercise thereof by the Consular Body, The Con- that jurisdiction in the French Settlement. sular Body deputed Mr. Goodrow to reply,
which he did, on the 2nd May. He wrote: The Chairman of the Council next wrote a letter of protest, setting forth the couditions of the grant to the Foreign Settlements by China, the regulations of the Mixed Court as established and recognised by the Powers, and other matters relating to the question. No answer being received from M. RATARD, a copy of the Chairman's letter was sent to the Senior Consul, Mr. JOHN GOODNOW, the representative of the United States, hoping that the Consular Body would support the views expressed. The matter was referred by that Body to a con- mittee. Meanwhile another case occurred. A steam launch belonging to a Chinese firm in the Foreign Settlement collided on the 22nd March with a bridge in the Soochow Creek and foundered. One of the passen- gers was a woman related to a former Magistrate of the Mixed Court of the French Settlement; some days after the accident a message was sent to the Company to the effect that this woman claimed damages for alleged loss of, and injury to,
Naturally the Municipal Council did not her personal effects. The Company refused to pay, stating their readiness to contest it rest under this rebuke. Its reply was if civil proceedings were instituted before practically that the particular warrant the Mixed Court of the Foreign Settlement. would be executed, to avoid friction, but The French Mixed Court, however, issued a that the case could not be treated as a warrant, stamped at the French Consul and precedent. To admit the opinions expressed endorsed by the Senior Consul, for the arrest in the Senior Consul's letter would be a stul-
“tification of every tradition and privilege of · · of the proprietor, manager, hook keeper,
“the Municipal Government of Shanghai' and shroff of the steam launch company (on whose launches, as it happened, Messrs. The Council regretted that the Consular FARNHAM, BOYD & Co. had a lien). The Body should "ignore the entire history of case having been reported to the Municipal "the Foreiga Settlements," and took excep Council by the Captain-Superintendent of tion to the statement that the execution of warrants and summonses by the Municipal Police, who considered the issue of a war- rant unjustifiable under the circumstances, police was simply a matter of convenience since a summons at the Mixed Court of the The Consuls attention was drawn to the Foreign Settlement was evidently the proper conditions, rights, and objects of Municipal method of procedure, the Council instructed authority in the Settlement, as laid down the Secretary to call on the Senior Consul and defined by Sir RUTHERFORD ALCOCE and request that the warrant be cancelled. when introducing the presentes Land This was done; the Senior Consul cancell-Regulations to the ratepayers in July, ing his endorsement on the warrant, which was handed to the police for return to the French Mixed Court. Then (we take our account from Mr. W.G. BAYNE's lotter to Mr. GooDNow), on the 26th April, the Senior Consul requested the Chairman of the Council, accompanied by the Secretary! to attend at his office for further discussion when he stated that upon closer enquiry he had ascertained that the procedure adopted was in conformity with established practice,
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double police system. The Council "must keep in mind, however, that it has no judicial functions; aud that the juris- "diction of any Court over any person can only be decided by the proper authori ties of that person's nationality. The Consular Body cannot recognise the right "of Municipal Council to discuss or dispute "the expediency of executing a warrant duly countersigned by the Senior Council, thereby assuming a judical function. which according to the Treaties is entirely "and solely in the hands of the duly appointed representatives of the National Governments.”
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1854. The letter continued “ Neither the Consular Body, the Council, nor the Foreign Community has ever been
boon ready or willing to adniit, as regirds native residents within Municipal limits, that the jurisdiction of any court over any person - "can only be decided by the proper
authorities of that person's nationality??- “Such an admission, would place the :
administration of this Settlement in it. Chinese hands." Finally; the - Council
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