1930-03-03

CHINESE COURTS IN SHANGHAI

THE

CHINA

MAIL.

the Prime Minister, Mr. Ramsay MacDonald, who gave him a message to convey to China that between China and Britain there would always be sympathetic understanding and co-operation in the general advancement of Chinese affairs.

be referred to the aforesaid repre-publicly in the International Settle-scen sentatives for consideration.

ment avery three months and that Article X

the Municipal Council may present The present Agreement and the to the Presidents of the Courts for To Be Established by the National Government attached notes shall enter into affect transmission to the Ministry of on April 1, 1930, and shall continue Justice such suggestions as it may in force for a period of three years desire to make regarding the dis- from that date, provided that theyposal of confiscated arms. may be extended for an additional period upon mutual consent of the parties thereto.

THE ARTICLES

Consuls Not Allowed to Take Part

Below we publish in full a copy of the official agreement relating to the Chinese Courts in the International Settlement at Shanghai, which has just reached the China Mail,

The agreement deals with the powers of consular officials, the Chinese laws and regulations which are (and shall be) applicable in the District Court (Ti Fang Fa Yuan) and the branch High Court (Kao Teng Fu Yuan Fen Yuan) to be established in the Inter- national Settlement by the Government of China.

The agreement is given in full, and should prove of value for purposes of reference to members of the legal profession and to business houses in the Colony having interests in Shanghai.

Article I

THE TERMS

duties shall be to serve all sum. From the date on which the monses and deliver other documents present Agreement comes into force, of the Courts in connection with all former rules, agreements, ex- civil cases. For the execution of changes of nole etcetera having judgments in civil cases, the process, special reference to the establish- servera Ghall be accompanied by the ment of a Chinese court in the judiciał police. The officers and International Settioment at Shang-members of the judicial police of hai shall be abolished.

Article 11

upon

cause

Signed, February 17, 1930. (Signed) Hsu Mo

on behalf of the Minister For Foreign Affairs

J. de Pinta Dias on behalf of the Brazilian

Charge d'Affaires.

In the name of the American Minister

Joseph E. Jacobs

W. Meyrick Hewlett on behalf of

His Britannic Majesty's Minister

L. Gronvold

on behalf of the Norwegian Charge d'Affaires

P. E. H. Greenman on behalf of the Netherlands Charge d'Affaires.

Note from Heads of Legations concerned to Minister for Foreign Affairs

Note from heads of Legations concerned to Minister for Foreign Affairs.

Nanking, February 17, 1930.

Sir:

the Courts shall be appointed by the President of the Branch High Court, The Chinese Government shall, la upon the recommendation of the accordance with Chinese laws and | Municipal Council and shall be sub- regulations relating to the judiciary, Ject to dismissal by the President of and subject to the terms of the that Court

With reference to the Agreement shown. present Agreement, establish in the Their services will also be terminat which we have signed to-day con- International Settlement at Shanged by the President at the request cerning the establishment of a hal a District Court (Ti Fang Fa of the Municipal Council upon cause District Court and a Branch High Yuan) and a branch High Court shown. They shall wear the uniform Court in the International Settle- (Kao Teng Fa Yuan Fen Yuan). designated by the Chinese judicial ment at Shanghai, we have, the All Chinese laws and regulations, authoritica, and shall be subject to honour to request your confirmation substantive as well as procedural, the orders and direction of the of our understanding on the follow which are now in force, or which Courts and faithful to their duties. Ing points: may hereafter be duly enacted and promulgated shall be applicable in

terms of the present Agreement.

Judgments, decisions and rulings of the Branch High Court are sub-authorities.

Article III

The former practice of consular deputies or consular officials appear ing to watch proceedings or to sit jointly in the Chinese Court now functioning in the International Settlement shall be discontinued in the Courts established under the present Agreement.

Article IV

When any person is arrested by the municipal or judicial police, he shall, within twenty-four hours, ex- clusive of holidays, be sent to the Courts established under the present Agreement to be dealt with, falling

Article VII

Courts

THRONE IN PERIL

8. It is understood that upon the│· Admiral Tu is most interested coming into force of the present in British muval training and Agreement, all cases ponding in the equipment and intends to submit Chinese Court now functioning in to the Chinese Government a com- the International Settlement shall prehensive programme for the be dealt with in the Courts es- gradual extension of the Chinese tablished under the present Agree Navy.-Reuter. ment in accordance with the pro- cedure in force in the latter Courts, provided that the proceedings in mixed cases shall, as far as prac- ticable, bo continued from the point where they are taken over, and con- cluded within a period of twelve months which period may be extend- ed at the discretion of the Court when the circumstances in any case 50 warrant.

(Signed) J. de Pinto Dias on behalf of the Brazilian Charge d'Affaires

In the name of the American Minister

Joseph E. Jacobs

W. Meyrick Howlett-

on behalf of

Hostility to King of Spain

CRITICAL SITUATION

Madrid, Yesterday. Will King Alfonso succeed in keeping his Throne, is the question now on the lips of all Spaulards. The King's personal position has occupied the limelight since the fall of the Dictatorship, and the attacks of Sanchez-Guerras have emphasised his critical situation.

King Alfonso's position is still fairly strong, however, as he can rely upon a large part of the Army

His Britannje Majesty's Minister and the Church, which have great

L. Gronvold

on behalf of the Norwegian Charge d'Affaires

P: E. H. Groenman on behalf of the Netherlands Charge d'Affaires.

Identic Note from Minister for Foreign Affairs to head of

Legation concerned.

Identic Note from Minister of Foreign Affairs to heads of Legation concerned.

Sir:

Nanking, February 17, 1930.

I have the honour to acknowledge

which you request my confirmation of the following points:

(Eight points to be quoted) In reply I have the honour to confirm the understanding of the points as quoted above.

(Signed) Hsu Mo

on behalf of the Minister For Foreign Affairs

BRITAIN & CHINA

Admiral Tu Sees the King

NAVAL TRAINING

1. It la understood that the The House of Detention for civil Courts established under the present the courts, due account being taken cases and the Women's Prison at Agreement aball exercise jurisdic. the receipt of your Note referring of the Land, Regulations and Bye-tached to the Chinese court now tion over civil and criminal cases as to the Agreement which we have laws of the International Settle- functioning in the International well as police offences and inquests signed to-day concerning the es ment, which are applicable pending Settlement at Shanghai shall be in the International Settlement at tablishment of a District Court and their adoption and promulgation by transferred from that Court to the Shanghai, provided that the furisa Branch High Court in the Inter the Chinese Government, and of the Courts established under the present diction of the said Courts over per

national Settlement at Shanghai, In Agreement and shall be supervised sons shall be the same as that of and administered by the Chinese other Chinese Courts and provided that their territorial jurisdiction as that of the jeet to appeal, according to Chinese All prisoners now serving sen- shall be the same law, to the Supreme Court of China. tences in the prisons attached to the Chinese Court now functioning in

International Chinese Court now functioning in the

Settlement at the International Settlement and Shanghai, except (a) mixed crim- those sentenced by the

inal cases arising on private foreign established under the present Agroe- property outside the limits of the ment shall, at the discretion of the Settlement and (b) mixed civil said Courts, serve their sentences cases arising in areas surrounding either in such prisons in the Settle-the Settlement. ment or in Chinese prisons outside

It is understood that the pre- the Settlement, except that offendera sent practice regarding the respec- against the Folice Offences Code and tive jurisdictions of the Chinese the Land Regulations and Bye-Laws Court now functioning in the Inter- and persons under arrest awaiting national Settlement and the Court trial shall serve their periods of existing in the French Concession

London, Yesterday. detention in the Settlement. The shall be followed, pending a definite

Admiral H. K. Tu, who was sent prisons in the Settlement shall be arrangement between the Chinese operated, as far as practicable, in Government and the authorities by the Chinese Government to Btudy the Navies of the Powers, conformity with Chinese prison concerned.

8. It is understood that as far leaves London to-day. regulations and shall be subject to Inspection, from time to time, by as practicable, Chinese shall be few days ago he had an audience offers appointed by the Chinese

by the Municipal | judleial authorities.

Council to serve as officers and mera Persons sentenced to death by the bers of the judicial police of the Courta established under the present Courts established under the present Agreement shall be sent to the Chin-Agreement. It is further under ese authorities outside of the Settle- stood that among the officers of the ment for execution of such sentence, judicial police appointed by the

Article VIII

President of the Branch High Court Foreign lawyers duly qualified under Article VI of the present will be admitted to practice in the Agreement, there will be one to be Courts catablished under the present designated by the Municipal Coun Agreement in all cases in which cal, to whom will be allotted by the foreigner is a party, provided auch President an office on the court foreign lawyer can represent the premises and who make an entry foreign party concerted. The Muri.of all judicial processes of the cipal Council may also be represent Courts, such as summonses, war. ed in the same manner by duly rants, orders and judgments, for the qualified lawyers, Chinese or for purpose of service or execution in elga, in any proceedings in which accordance with the provisions of the Council is complainant or plain-the above-mentioned Article. tiff or the Municipal Police is the 4. It is understood that the es prosecutor.

tablishment of the Courts provided |

which he shall be released.

Article V

The Courts established under the present Agreement shall each have a certain number of procurators to bo appointed by the Chinese Govern- ment, who shall hold inquesta and autopsies (Chlen Yen) within the jurisdiction of these Courts and shall otherwise perform their func tions in accordance with Chinese law in all cases involving the application of Articles 103 to 186 of the Chinese Criminal Code, except where the municipal police of the International Settlement or the party concerned has already initiated prosecution, provided that all preliminary in vestigations conducted by the pro- curator shall be held publicly and counsel for the accused shall have the right to be present and heard.

In other cases arising within the Jurisdiction of the courts, the man cipal police. or the party concerned shall prosecute, The procurator aball have the right to express his viewa in court in all criminal cases in which the prosecution is Initiated by the Municipal Police or the party

*Article VI

concerned.

All Judicial processes, such as summonses, warrants, orders, et cetera, shall be valid only after they have been signed by a judge of the Courts established under the present Agreement, whereupon they shall be served or executed by the Judlefal police or, as provided below, by the process-servers thereof.

No person found in the Inter-1 national Settlement shall be handed over to the extra-settlement authori- ties without a preliminary investiga tion in court, at which counsel for the accused shail hate the right to be present and heard, except in the case of requests emanating from other modern law courts when the accused may be handed over after his identity has been established by

the court.

All judgments, decisions and rul- ings of the Courts shall be executed sa. Boon as they become, final as a zenit of the Judicial procedure: In farbe in the RAH

recommended

In other cases or proceedings in for in the present Agreement in no which the Council considers the way affects the validity of judg› interests of the Settlement to be ments rendered by the Court now involved, it may be represented by a functioning in the International duly qualified lawyer, Chinese or for Settlement and its predecessor, and eign, who may submit to the Court that such judgments shall be con his views in writing during the eldered as final and valid except proceedings and who may, if he where an appeal has been lawfully deems necessary, file s petition in takan or reserved. It la further intervention in accordance with the understood that the judgments, of provisions of the Code of Civil the courts established under the Proceduro."

present Agreement shall be on tha

Foreign lawyers who are entitled aame footing as regarda validity sa to practice under this Article in the the judgments of all other Chinese above mentioned Courts shall apply courts.

to the Ministry of Justice for law- 6. It is understood that the yers' certificates and shall be nub present Agreement does not in any fect to Chinese laws and regulations way affect or prejudice any further applicable to Lawyers, including negotiation regarding the status of those governing their disciplinary extra Settlement roads, punishment W

. It is understood that the' sum of $60,000 (sixty thousand dollara)

Article IX

Four permanent representatives now on deposit with the Bank of shall be appointed, two by the China to the credit of the present Chinese Government and two by the Chinese Court in the International Government of the other Powein Settlement shall be maintained by signatory to the present Agreement, the Chinese Government to the who together shall seek to reconcile credit of the new courts established such differences of opinion regard-order the precent Agreement ing the Interpretation or application 7. It in agreed that in accord of the present Agreement

anos with Chinese law, there shall be referred to th

be maintained dent of the

the aut

In an interview, he said that a

with His Majesty the King at Buckingham Palace. The King expressed the greatest interest In China and the hope that Britain

and China would always remain friends,

Admiral Tuy said he had also

power in Spain. He can also rely on a large part of the Conservative element, while the women general- ly are among his supporters.

There is no doubt that Sanchez- Guerras has not said all that is in his mind. His hostile attitude to wards the King provides an enigma regarding whom he proposes as a substitute.

It has recently been rumoured that Don Carlos of Bourbon would succeed the Carlist leader, Don Jaime, as Pretender to the Throne, as the former no longer takes an interest in politics.

Disturbances have been report- ed in various parts of Spain, stu- dents being arrested at Barcelona. General Berenguer minimises the of Sanchez-Guerras' importance speech and declares that it is the utterance of a statesman who no longer has a contact with practical politics.

statement deploring the conduct

The Government has issued a

of "so detached a character" as Sanchez-Guerras, whom it severely rebukes. The statement says that although the Government does not

demand the active collaboration of all public men, it does not admit that these can be allowed to hinder the work of pacification by instigat ing nolay demonstrations.

The statement also points out that the power making the Govern ment accountable for its actions to the Crown has now been restored and that consequently there is no need to attack institutions which are above discussion.

In conclusion it is added that the Government will not allow anyone to attack the principle of constitu

tional monarchy as personified by the King-Reuter.

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