The Archive · 1926

Intent to Defraud

Hence it is clear from the judgment referred to (which has not] been appealed against) that injury diveetly and indirectly has beer ecused to the Chinese subject, Chow] Kwei-ching, concerning which he has, never ceased to complain, and cannot see how it could have been for the benefit of Chow Kwei-ching thet he and his company should be registered respectively as Spanish at the Spanish Consulate, and be wound up under Spanish Jurisdiction, Tam not prepared to find that what has occurred is unconnected with an. intention to defraud. Even if this Consulate di registration of Chinese subjects, there was all the more reason f0:

Mr, Kentwell as a member of the English Bar and a legal practitioner in this Court to do nothing that might in any way directly or indirectly encourage this irregularity.

Foreigners in China by Treaty are possession of extraterrit. rights and it is most essential at all times, and more especially at the present period, that foreigners should not abuse those rights. It is still more essential that a trained lawyer, a member of the English Bar and a legal practitioner in H. B. 3 Supreme Court for China, should de nothing in any way to abuse those Treaty rights which he in the course of his profession does so much] to uphold, and administer.

This matter has caused me much anxious thought and the most grave consideration, and I much regret! that the present motion has come' before myself and not before my]? brother Judge, for the reason that the facts on which this motion is now made are the facts set forth in a judgment given by myself in an action before me in which the Chinese subject, Chow Kwei-ching, was the plaintiff and Mr. Kentwell the defendant, but unfortunately it was unavoidable owing to the absence of Judge Sir Skinner Turner.

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

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