Dr. Ho Criticizes the Deputies: Hostility to Dr. Ramondino) and Mr. Van den Berg: New Criminal Code to Enforced Judgme ordered by the Chinese]
is clear that the Court dees) not possess such vights as it-cush' to have."
Entertaining the. Consuls Mr, Li then deals with the De-
A further attack Mr. J. Van den' Birg, the Netherlands Vice-Consul, jand Dr. F. Ramondino, Italian Consular Official, has been revealed, if we are to take as correct the reported interview with Dr. Ho St tsung, the newly installed President of the Provisional Court, by the vernacular press.
Dr. Ho is said to have declared fon August 18 that he had comfuniented with the Commissioner fof Foreign Affairs with a request that motifeation should be, sent to the Consuls concerned that any attempt by. officials of countries whose treaties with China had ex-
Dired to sit in the Provisional Court would be resisted, With reference to Mr. Van den Berg, the Chinese judicial authorities, on the understanding that he represents the Doyen of the Consular Body, believe that he can only attend the Provisional Court in that Questioned with regard to Mr. Van den Berg's action in appearing No, 6 Court on August 13. and remanding the cases set down for hearing, in the absence of a Chi nese Judge, Dr. Ho is reported to have said that the Dutch Depaty's interference with the judicial rights of China was certainly outrageous, Mr. Van den Berg knew he had made a mistake, and had declared it to be due. to a. mlsunderstanding, Dr. Ho commented 'The Court had been temporarily cloud' by "me since "Thursday after ton, he ath want for she. aimple Fescin that the retgtaton several 2's otlrinn sedgen made disseat a ply agh hin cheir places. "I have wei teen to" the Sonamisaboner of Foveige. Aare to Inge' orang' pratentneiat™ the etl of the Batéh Consul and 8 reply Ayala into days Ue' consul: ign oles here wil "lis
a'r he.
Other comments by the Chinese "Ipress on the Provisional Court situation follow:—
The Rendition Agreement Since the issue by the Nanking [Government of a cireilar notice to tha Foreign Powsrs regarding the tion ct treaties, seven provi regulations governing the [Shanghai "Provisional "Court have been drafted. In all criminal eases the International Settlement. where foreign interests are involved, Consuls whose national treaties with China have eon abrogated should not be detailed to sit on the bench, However, the Italian and Dutch Consuls have violated these regulations and their act! have aroused the public. ing by Par. 9 of Art.
1 of the enploged by foreigners enjoying extra territoriality must be tried by. a. Chi the eave and od ande ment and "constitute: Siolations of the Yang "King Pang' regulation iti effect without the Senior ian the thermore, hat not the. Tight to"
opinion. The Consuls Deputy, far.
ramate witnesses and defendants with ut first having secured the permission the Chinese Judge These deputies are appointed by the Senior Consul and are not acting on behalf of their respective Senior Consul's Deputies have beea sitting in accordance with a classification agreed upon subsequent 2 ment and' later by agreement between the Judges and Deputies, which, however had not been authorized by the government. Then when the new code was promulgated, the question of re-classification was taken up by the Consular Body, but it was impossible to have a definite and fully authorized arrangement.
Code Effective on September 1
As the new code is to become effective on September 1, became necessary that—there should be immediate action, He suggests:—
"That an usher's office should be set up the Court solely for the parpose of entertaining consuls in the ease where their interests are' involved.
In this east the consul: concerned is to be notified beforehand; when he comes he will be entertain by the usher who will bring him to the Court Room where the consul concerned will be treated as a guest only.
In this ease the usher is to entertain the con sul in name, but to watch hi fact. Those consuls who receive no invitation from the Court will be rejected according to regulation Sadgments Thus says, Mr. Li, quarrels over il be avoided and con-as otherwise there would be. suls will be kept from committing jeonfusion as to which cases come illegal acts. under the category in which the Senior Consul's Deputies sit for In respect of prosecutions Mr. purpose of protecting the rights of Li advi isos Dr. Ho:—the Shanghai Municipal Council and "That the Court should have the interests of the foreigners in inspecting offers whose duty would Shanghai. In the French Conces-be to inv tigate and prosecute sion, all criminal cases, in fact, all the case. In accordance with 'Chi-police eases, are brought before a nese jaw in all criminal court in which the French Consul' eases the inspecting officers' deputy its with a Chinese judge. are to represent the Government But an attempt is being made in to prosecute as the plaintiff; whereas in the Shanghai Provisional Court the prosecutors are foreign-
Text read from the printed page and cleaned; old type leaves the occasional error.