To the Editor of the "Norru-Cutna Datty News."
Sir,—We wish to draw your attention to a practice which, while well known for many years past, and to which reference has been made from time to time in the correspondence columns of your paper, seems to be on the increase of late.
We allude to the registration of Chinese at the Portuguese and Japanese Consulates.
It is a notorious fact that the well known compradores of very many of the leading firms here are registered at one or other of these Consulates and it would be interesting to have on the one hand the direct (and obvious) answer from these Chinese themselves as to why they are not content to remain subject to the jurisdiction of their own Courts and on the other hand from the Consulates concerned under what Articles of the Civil or other Codes of Portugual and Japan the registration of (and thus jurisdiction over) these nationals of another country is permitted.
On more than one occasion late we have been instructed to sue Chinese in the International Mixed Court and the petition sent to the Registrar for filing has been returned with a note "Defendant claims Portuguese or Japanese One is then faced with the following position. In both these Courts even if one feels professionally capable of coping with a practice and pleading with which one is not familiar, one has to grapple with the language diiticulty, so that even supposing a British or American lawyer were permitted to appear and represent the plaintiff, it is usually considered in the best interest of one's client to advise that a lawyer admitted to practice in those Courts be engaged. This, of course, means additional expense, and the possibility of an appeal to Macao and Lisbon or Tokio by a party to the suit who is dissatisfied with the decision of the Court of first instance.
Of course the inconveniences which we have outlined may, and do, occur if a client wishes to sue a Portuguese citizen or a Japanese subject, but what we would like to heve an answer to, is whether the Portuguese and Japanese laws directly authorize the registration of Chinese at those Consulates in Shanghai, thus ousting the simple, effective and speedy administration of law by the Mixed Court in the exercise of its jurisdiction over Chinese in the International Settlements.
Just one other point. Is not this practice of Chinese registering at certain foreign Consulates one of the most serious reflexions on the present administration of justice in China, and consequently a very cogent argument against abolition of "Extrality," so ably dealt with in the Rev. G. G. Warren's article in your paper of this morning?
We are, ete., Dobson & Foac.
Shanghai, March 29.
Text read from the printed page and cleaned; old type leaves the occasional error.