Dr. Fischer then brought out very interesting point regarding Chinese nationality and the method by which @ Chinese citizen could change it, According to Chines law, Dr. Fischer contended, Chinese born of a Chines maintained his Chinese irrespective of his own desires, and only a permit issued by the Ministry in Peking could alter his) status. No proof had been advanced in more than 18 months to show that either accused or _his father were not Chinese and that] Gen Cheng-luan had said that he} was Chinese, insisted that he was born near Hongkong and that the father was dead.
According to a convention entered into between the Netherlands and China, granted for sake of argument that he is Dutch, he had already lost his Dutch citizenship because he failed to register with the Dutch Consulate within three of his arrival and in the first three months of the calendar year, as is required by law. The prosecution is basing, its case, continued Dr. Fischer, on the fact that his client admitted to an over-zealous detective that he: was a Dutch subject, this not being, taken down in writing. Accused was also given a passport by the! Chinese Consul in Batavia and the fact that he did not go to the Dutch} Consul for a passport shows that} he believed himself to be Chinese.
Mx, Jones said that the defendant had asked for another adjournment for a month, on the ground that he was in the course of negotiations [which possibly might result in him suggesting something which would bbe satisfactory to the plaintiffs.
Defendant said that he did noe attend the Court, when the ease last was called because he was under the impression that he would be served with a notice, At the present moment he could do very little, but he was negotiating for something which might come off very soon and fenable him to pay the debt, The Jatter was incurred by a drop in ad, vertisements and he could not get sufficient revenue. He had been dealing with the plaintiffs for about year and had paid them $2,000 oF more.
Mr. Jones said he did not object to an adjournment, There was only one other small debt of Tis, 0 before the Court.
The Judge said he would adjourn the case until October 4, adding:—"It you are able to pay anything on account, do s0."
Defendant said he paid $80-a fevt days ago.
The Juidge—Then see if you can pay some more in the meantime, If you do, I'am sure Mr. Jones will not bring you into Court. It is these tittle payments that satisfy creditors, as they show an intention to pay what i8 due, Dr. Mei endorsed Dr. Fischer's remarks and in addition quoted several opinions which tended to) show that a Chinese born in Dutch country regains his citizen. ship on coming to China.
The Mixed Court's Function Mr, Preston began his argument] by quoting the treaty of 1863, which provided for the return of criminals, "when a citizen......takes refuge in the interior, he must be delivered up to his lawful judges." Further, he went on to say, the Consular Body's ruling of 1925 said that the Mixed Court was the proper tribunal to determine the nationality of an individual.
Referring tq the evidence, Mr. Preston indicated that the warrant issued in March 1925 by the! Batavian authorities stated that accused was born in Netherlands
Text read from the printed page and cleaned; old type leaves the occasional error.