The Cartais SUPERINTENDENT of Police. your letter of to the Captain Superintendent of Police, on the subject of the convict, Yii Chie pao now serving his se in the Municipal Gaol for the crime of coun-forfeiting spurious twenty-cent pieces.
It will be within your knowledge that an attempt was made last month to obtain the liberation of th the grounds of ill-health, connection I have the honour to refer to a note to the German Consular Assessor dated the 9th ultimo, more direct reply, however, to your comes: the scope of Article of the Mixed Court Rules, I have the honour to obser on no previ occasion in question been cor ug death or banishment. Counterfeit coining cases have not during the past fow years been infrequent, and in no instance has it been claimed that the Mixed Court is incompetent to deal therewith, The criminal case in question was concluded in the ordinary way and in, and it appears to no good reason h: been adduced by the Chinese Authori for any departure from the customary and established procedure.
Tt may be observed that this Article, except in cases where the death penalty wolved from a foreign as well as 6 Chinese standpoint has long been obsolate in practice, and I have honour to point out that, under of the Provisional Code which received the endorsement of the Diplomatic Body in Peking on the 28th June 1902, all criminal cases where foreigners are: concerned and all Police case within the competence of the Court.
In conclusion I have the honour to tate that the Council would wwour the proposal, cental the concluding paragraph of your to the attendance of Policeman in the City Ma Court at a re-hearing of the case, since:
Shanghi Sin,—In reply to your letter of the 18th instant I have the honour to inform you that I am not ina position to share the Council's opinion in the case of Yii Chien-pao.
The sentence given in the Mixed Court has been cancelled in due form on appeal.
Counterfeiting coins is no doubt grave offence, punished by banishment or death and comes certainly within the scope of Article IV.
Although I am fully aware that several cases of counterfeiting coi have boon dealt with by the Mixe Court in the last time I do not see on the other side any possibility to refuse the request of the Chinese Authorities to hand the said Chinese over to the City Magistrate.
So long as the new Mixed Court Rules have not yot been drawn up, in the prosont atate of affairs only the Rules of 1869 are binding for us and no. " Mixed Court custom" is acknow-lodged neither by the Chinese Author ties nor the Diplomat Body in Pol my point of Chien-pao be brought German Assessor on Saturday next the n order to be handed over to the City Magistrate for t 'A representative of the Consular Body will attend the hearing of the case in the City.
[have the honour to be, Your obed Dr. C.
Acting Consul General for Germany. Houubay, Esq., Chairman, Shanghai Municipal Council, Council Room, Shanghai, 26: h May, 1906.
Sin—I have the honour to acknowledge the receipt of your letter of the 23rd instant, in reference to the case of Ya Chien-pao, and to state that, th your permission, the Council will submit the whole facts of the ease for the Consular Body.
The issue involved appears to the Coun-diplomatic Body, the Council is of case aptly ing sources of misunderstanding and may therefore fittingly be submitted for settlement to Peking.
have the honour to be, Ceci, Houtpay, Da. ScHoury, Acting Consul General for Germany.
Text read from the printed page and cleaned; old type leaves the occasional error.