The Archive · 1897

A British Subject in

for Wuchou — CHINESE HANDS — (From Sport and Gossip.) A CONSULAR SCANDAL

With considerable reluctance, for many reasons, we have to call attention to a remarkable ease in which a British subject has been brought before the French Mixed Court, released on bail, re-incarcerated, handed over to the tender mercies of the Chinese city authorities, by them returned to the French police, and' then surrendered to the British Consular officials. The facts, we venture to state, constitute a grave reflee tion upon the British representatives in Shanghai. 3 Without going fully into the circumstances of the case, we may cay that another instance of churches la femme. For an alleged assault in the French concession Mr. Spencer Tseng Laisun was arrested by the French police. He at once asserted thai he was a British subject, but, presumably on the ground that he had not registered since 1894, the British Consul-General is said to have simply replied to the French Consul-General that the man was nota British' subject. Thereupon, Mr. Laisun, who, like many other British subjects, also holds Chinese official rank, was "haled before the French Mixed Court, and after what looked like the recital of a story of the! cock-and-bull order was sent into the native! city. He was not there more than a night, as the City Magistrate seemed afraid to deal with the matter in fice of the accused's claim, to be & British subject, but several dollars had to be spent amongst the underlings to escape some of the incidentals to Chinese! ison life. 'Then once more he was in the hands of the French police, who, it must be said, treated him with' consideration, Heavy bil was offered, but it was refused, and. nothing upbeared likely to happen Until next Tuesday, when he would be again arraigned before the French Mixed Court, However, Mr. Laisun's friends set to work to see if something could not be done for him. The matter was placed in "the hands of Mr. F. Ellis, of Mesers. Browett and Ellis, and simultaneously the British authorities began to dexterously Jelimb down. The absolute nonsense in their contention that Mr. Laisun was not a British subject was made still more apparent when it was pointed out that two years ago Mr. Ellis' firm proved in the British Consulate here the will of Mr. Laisun's father. On Friday afternoon, therefore, Mr. Laisun was taken over by the British consular officials who issued to him a certificate of registration, and, as the alleged accuser said he had no charge to prefer, he was at once released.

Section 114 of the Order in Council of 1865, upon which the British officials based their action, says: "Any person failing to ster himself or herself, and not excusing his or her failure to the satisfaction of the Consular Officer, shall not be entitled to be registered or protected as a British subject," ete. But, would it be believed, that before disowning the claimant the British Consulate took no step to ascertain whether the man could excuse his failure to register, even to the comprehension ofa Consular officer? Such however, is the case. Further, we would like to call attention to Instructions to Her Majesty's Coneular Officersin China and Japan on the mode of conducting Judicial Business, ete. by Sir Edmund Hornby, Kt., formerly Chief Judge of Her Majesty's Supreme Court for China and Japan; edited and revised, by Sir Richard Rennie, Kt. Commenting upon the section we have quoted from, the learned author justly remarks that "motives of humanity forbid us to leave our fellow-subjects, simply because they have not registered themselves, to the tender mercies of the native authorities." Later on he says: "It seems hardly necessary toadd that although non-registration may render the recalcitrant British subject liable to certain penalties, it will not in any way give him jurisdiction and that Consuls must in all or is property immunity from British eases take jurisdiction when they have reason to believe that the individual against whom or whose property proceedings are to be taken is actually a British subject."

The case is one which cannot be allowed to drop, It illustrates very strikingly the disinclination of the present-day British Consular authorities to protect their nationals in.a case which may not be free from complications. In the present instance, we understand, the curious statement was made that the consular people did not want to be mixed up with sach a case. Good heavens! What are they here for? Not simply to draw their salaries, and avoid as much ther" as ible until they can quietly retire from Chinaon a liberal pension. They are here to do work, and the sooner they recognise that it has to bedene, however "troublesome," or however much "bother" it may be, the better.

We make no comments upon the merits of the charge against Mr. Laisun, but, that 2 person who most assuredly is a British subject should be dra; before Chinese yore siffralt isa gross seanda, an Magistrates and kept in the custody of

shall take an early opportunity of acquainting the Editor of Truth with the facts of the case. Moreover, if the matter is not mentioned in Parliament it will not be the Gossrr.

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Text read from the printed page and cleaned; old type leaves the occasional error.

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