The Archive · 1928

Dr. Ho Interviewed

No Deputy Admitted After Treaty is Denounced, In an interview with the Kuo Wen News Agency on his return to' Shanghai, Dr. Ho is reported to "In connexion with the Italian Congul's participation matters, the Government haa given instruction to the Commissioner of Foreign Affairs in Shanghai +o} see the matter is not repeated. at the Provisional Court Similarly Japan and other Powers: with whom the Treaty has come end will no longer have their consuls represented.

to the action taken by the Dutch Consul on Monday it is me deed," said Dr. Ho, beyond my expectation. Since the matter involves 8 serious breach of Chinese judicial prestige, the Commissioner of For-ign Affairs for Shanghai has been trueted by the Provincial Government Council to lodge a strong protest."

Dr. Ho also declared that the new criminal law of China would be put into effect on the first day of September—Kuo Wen, Chinese Lawyers Active The Shanghai Chinese Bar Asscciation, at its executive committee meeting, held on August 12, unanimously decided to recommend to the authorities that the privileges} of extraterritoriality hitherto en-Joyed by citizens of Japan, Belgium, Denmark, Portuzal, Italy and Spai inated ly Dr. C. T, Wang, Mi ter of Foreign Affairs for the nationalist Government, should be ircontinued forthwith' and Con. sular officials of these countries debarred from taking their seats the Shanghai Provisional Couct.

Certain Consuls, it was said, sti claimed the right of Consular jurisdiction in the Provisional Court and occupied seats on the Bench and heard eases, in total disregard fof the fact that their treaties been terminated.

This being the case, the Bar Association passed a further re-Solution that the authorities be requested to refuse them recogn'

oF to receive them at the Cour', Legal Practitioners Agitating A further letter has been' addressed by the Shanghai Chinese Lawyers Association to the Commissioner of Foreign Affairs, Mr. Wns: King, in regard to Mr. Vai dun Berg's action. This demands that "a strong protest be lodged against this abominable action of the Dutch Vice-Consul." The letter, which was published in the "Sin-wan pao," of August 16, say "Upon being. informed of the tegal action of the Dutch Vice-Consul by members of our Association, we feel it necessary, for the sake of upholding our sovereign rights, especially in judicial matters, to address this letter to you for consideration and action.

"According to the Rendition Agreement, Foreign Consuls are entitled only to watch eases in the Shanzhai Provisional Court. They not have the power to render judgments nor to make orders. in any. case, such power being limited to the judges. However, the Dutch Vice-Gonsul took matters into his own hands on the 13th instant and, doing, he violated not only China's sovereign' rights but also international Jaw. If he is. still Mr, Van den Berg who figured in the recent incident allowed to sit on the Bench, unfortunate incidents nny occur, which may result in breaches of the good relations which exist at the present time botwseen China and the foreign nations.

A Protest Wanted We, therefore, strongly urge you.to lodge a very strong. protest the Senior Consul against abominable action of the Dutch Vice-Consul and request the Senior Consul to see that there ave no recurrences of such affairs these. We also ask that steps should be taken to dismiss the Vice-Consul in question and prevent him from further occupying a position on the Bench. We recommend also that a letter should be sent to the Shanghai Municipal Council drawing their attention to the fact that, as the Dutch no longer enjoy extraterritoriality, the Vice-Consul no longer has' the: authority to sit on the Bench and no cases should be brought before him, "In conclusion, we wish to point! out that only judgments rendere by Chinese judges are valid and there only should be observed. Consular Deputies are permitted to enter judgments and their signatures to documents must not Lo considered final. We request that you should also bring these points to the notice of the public Likewise, the Shanghai Bar Association is agitating over the matter. The following report of their activities is culled from the Chinese prese:—

The Shanghai Bar Association has been active regarding the discontinuance of jurisdiction by the Consular Body in Shanghai so as the Provisional Court is concerned. They have urged the Consuls of countries whose treaties with China have terminated to give up their privileges, hitherto enjoyed, and to: observe' the ter= mination of their treaties by the Nationalist Government, which: haa} decided for the abrogation of all unequal treaties.

The Assocition has received a letter from various members regarding the actions of the Italian Vice-Consul, who has ignored the fact that" the rights hitherto enjoyed by virtue of the unequal treaties have been terminated with the abrogation of the Sino-italian treaty. This letter was the subject of a discussion which took place at 'a meeting of the executive com. mittee and it was decided that steps should be taken to stop occurrences of a similar nature in the future and that the sovereign rights of China must be upheld at all costs.

More Judges Wanted The Chinese press on August 16 also carried the following state-pore conta megs the multifarious and complieatetl eases before the Court, He hal recommended that four new judges should be appointed and this te= commendation had been sanctioned,

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

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