Defendant in Mixed Court Who Claimed to Be on Brazilian Register: Never Been in Brazil: Did Not Know Where It Was 'A case involving the question of citizenship and the right of jurisdic tion in the Mixed Court was heard before Mr. F. W. Zuber (Swiss Aesessor) and Mr, Sung, Magis: trate, last Friday afternoon, The age was one in which K. Y. Zung ving sued by a foreign firm and a summons for immediate security was issued.
The plaintiffs were represented by Mr. N. F. Allman and defendant, Drung Kung-yui, had no counsel, The ease was one dealing with a contract concerning silk waste.
Chief Inspector J. E. Wheeler, Acting—Registrar: © In thi tense as the Court is "pro bably aware, the petition was filed on the 19th of August, 1925. I a claim filed by a Swiss firm, against the defendant for a sum of $90,000 odd.
On the application of plaintiff's counsel a summons for immediate security was issued, this was on the same date as the petition was filed, but it was not until Inst evening that the defendant was arrested and taken to the Central Station, Arising out of that arrest now comes the question of juri ion and it is to settle that question the Court now she. Before preceeding further i would tike to bring to the notice of the Court a otter received from the Senior Consul dated November 23, 1925, which reads as_ follows:
"The Consular Body is of "ne opinion that if the question of the nationality of either party is raised in the course of the hearing 40 as to involve the question of. Chinese jurisdiction over such party, the Court should hear the evidence on the question and in the event of disagreement between the Magistrate and the the question can only by negotiations—be~ superior authorities of the Government concerned", (Signature of Senior Consul, under date November 28, 1925).
'A. Brazilian Certificate The Acting Registrar continuing The Court will see my rea son for referring to this letter later.
T was informed that the defendtant had been arrested and that he was in possession of a Brazilian certifiente. I gave instructions that, he was to be brought to my office and produce the certificate, this was done and I now produce the certificate to the Court.
I questioned the defendant fully through an interpreter and took a statement from him, I took it very carefully and afterwards had it yead out to him, 1 then asked him if it was covreet and if he had anything to add or take away from it, the stated that it was quite correct and he signed it, I would like to say that the signature corresponds with that on the certificate, I will now read the statement he made to Cou Admission 10 years. I am now 31, went there when T was 21, have al ways at 18, T some ti father, sometimes separate. -My father lives in Zeh Loh Poo. He in fruit business. He has always hived in Shanghai. He is Chinese. The only reason I registered was because of the robbers. It is not easy for any man to register at this Consulate unless he has good friends and -relatives. not It is easy for anyone to re It must be first ascertained that a man is respectable. I had no other qualifications for registering. did not go to the British, Portugguese or Spanish because T have no friends in those Consulates. T have always been Chinese until 1 registered on April 5. I'am Chinese really and only took this certificate of registration in Brazilian Consulate out for protection against loss. I have applied to be ruralized through, my friend, ie. Mr. Yang and he told me it wis settled. "I have no documents to show that I have given up Ciinese citizenship. Yang said he wrote tone but T have not seen it. T do nat row who he wrote it to.
Text read from the printed page and cleaned; old type leaves the occasional error.