EXTRATERRITORIALITY
The text of the Notes to the British, American and French Ministers is as follows:-
Your Excellency :
Ministry of Foreign Affairs,
Nanking. April 27,1929.
I have the honour to recall to Your Excellency that the Chinese Govern- ment, through its representatives, had had occasion to express at the Paris Peace Conference its strong desire for the removal of limitations on China's. jurisdictional sovereignty imposed upon her by the old treaty concluded between China and the foreign Powers and that the Chinese Delegation emphatically reiterated the same desire at the Washington Conference, which placed en record its sympathetic disposition towards furthering the aspiration of China for the removal of restrictions on her political, jurisdictional and administra- tive freedom of action.
With the unification of China and the establishment upon a firm founda- tion of the National Government, a new era has been happily inaugurated in the relations between our two countries through the conclusion of the recent Tariff Treaty, and it is to be confidently hoped that the material well-being of our two countries will henceforth be greatly enhanced. But it is the belief and the conviction of the Chinese Government that the promotion of such material well-being will be accelerated by a readjustment of the relations be- tween our two countries on a basis of friendly equality in matters of juris- diction, and if Your Excellency's Government could see its way to meet the wishes of the Chinese Government and people in this regard, it is certain that another obstacle to the full and frank co-operation, in trade or other- wise, between the Chinese people and foreign nationals in this country would be happily removed and that the desire of the Chinese Government for promoting to the fullest extent the material interests of all who choose to associate themselves with our own people would find its early realization.
It goes without saying that extraterritoriality in China is a legacy of the old regime, which has not only ceased to be adaptable to the present-day conditions, but has become so detrimental to the smooth working of the judicial and administrative machinery of China that her progress as a member of the Family of Nations has been unnecessarily retarted. The inherent defects and inconveniences of the system of consular jurisdiction have been most clearly pointed out by the Chinese Government on various occasions and also by the jurists and publicists of other countries in their official utterances as well as in their academic discussions. It is a matter for sincère regret that, while many Governments which are playing an important role in interna- tional affairs are eager and persistent in their endeavour to promote geniune friendship and harmony among nations, such anachronistic practices as only tend to mar the friendly relations between the Chinese people and foreign nationals should be allowed to exist at a time when justice and equity are supposed to govern the relations of nations.
With the close contact between China and the foreign Powers, the assi- milation of western legal conceptions by Chinese jurists and incorporation. of western legal principles in Chinese jurisprudence have proceeded very rapidly. In addition to the numerous codes and laws now in force, the Civil code and the Commercial code have reached the final stage of preparation and will be ready for promulgation before January 1st, 1930. Courts and prisons, along modern lines, have been established, and are being established, throughout the whole country
Inasmuch as doubt has been entertained with regard to the advisability of relinquishing extraterritorial privileges at this juncture by the interested Powers, it may he pointed out that certain countries, having ceased to enjoy extraterritorial privileges in China, have found satisfaction in the protection
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