HC Deb 28 April 1937 vol 323 cc310-1
4. Sir John Wardlaw-Milne

asked the Secretary of State for Foreign Affairs whether he can give the date and text of the instructions to Chinese courts by the Ministry of Judicial Administration to the effect that applications by mortgagees for the sale of mortgaged property should be granted forthwith without waiting for the result of any pending appeal?

Mr. Eden

I understand that the instructions were issued in February, 1936, but the actual text is not available. Their purport was explained in a letter dated 16th April, 1936, from the Mayor of Shanghai to the senior Consul in the following terms: Concerning the enforcement of mortgage rights, the Ministry of Judicial Administration has sent instructions to all law courts to the effect that creditors applying for the sale of property on which they hold a mortgage need not obtain a definite judgment in order to realise their intentions and may proceed with the sale.

Sir J. Wardlaw-Milne

Will the right hon. Gentleman do everything he can to make these facts public, because evidently a large number of people who are interested are unaware of the orders and instructions?

Mr. Eden

Yes, and I hope the hon. Gentleman will help me in the matter.