468 Boundaries and Beyond
position, overwhelmed by deep feelings of helplessness and profound
resignation, as seen in the case of the nationality question.
As regards the British policy considerations, the authorities realized
that because of the legal ambiguities in the disputes, there were
difβiculties in pushing their cases through without threatening the use
of force. The British ofβicials in China as well as the Crown legal experts
were fully aware that they could βight their cases and emerge victorious.
However, if they were to abide by the spirit of the Treaty, they were
equally aware that this would be a different kettle of βish. Any victory in
the diplomatic contest did not necessarily mean that they always had the
truth on their side.
In the Lee Shun Fah case, the extent of the British commercial
interests involved was not crucial enough to warrant an outright
“little war”. For the meantime, a paper war, consisting of sending
protest notes to the Chinese authorities and pressing their counterpart
for concessions, was perceived to be sufβicient to stake their claims in
the name of legal principles. In this sense, the protection of the Straits
Chinese was only a secondary issue, despite the over-zealousness of the
consular ofβicials. Nonetheless, the British side realized that the existing
clauses of the Treaty that they dictated to the loser of the Opium War
had at times put them in an awkward situation. What they saw as the
“imperfections”^66 in the Treaty could only be remedied through a treaty
revision devised to enhance their interests.
- The phrase “imperfections in the treaty agreement” is used in John King
Faribank, Trade and Diplomacy, p. 102.
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