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seize their property save as may be in accordance with universally recognised principles of international law or the provisions of the laws of China. (b.) Judicial Protection. Whether or not lawsuits affecting German citizens in China will be tried in the newly-established law courts in accordance with the new laws, whether the German citizens concerned will have a right of appeal, whether regular court procedure will be followed, and whether during the trial the assistance will be permitted of lawyers and interpreters of German nationality officially recognised by the courts. (c) Mixed Court Cases.--In what way will the Chinese Government deal with
Mixed Court cases in which German citizens are plaintiffs or defendants? (d) The Chinese Trading with the Enemy Ordinances. Whether or not these various ordinances will lose their effect from the date of the ratification of the agreement,
(e) Liquidation of Sino-German Indebtedness. Whether or not the Chinese Government intends to participate in the general clearing house established under article 296 of the Versailles Treaty.
VON BORCH,
Representative of the Government of the German Republic.
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owners all the proceeds of the liquidation of property already liquidated as well as the property sequestrated.
This arrangement shall be deemed to constitute a completion of the procedure laid down in clause 2, article 133 of the Versailles Treaty in connection with the liquidation, sequestration and control of the property of Germans.
Separate plane for dealing with the Deutsche-Asiatische Bank and the Ching Hsing mines shall be concerted with these institutions by the Chinese department concerned. The premises, however, of the Deutsche-Asiatische Bank at Peking and Hankow, which have not been subjected to the process of liquidation, may be restored to the original owners in accordance with the preceding arrangement.
(Signed by the Minister for Foreign Affairs.)
Enclosure 5 in No. 1.
(Translation.) Sir,
Dr. Yen to Herr von Borch.
May 20, 1921.
I HAVE the bonour to acknowledge the receipt of your letter in which you state-
[Quotes letter from beginning to word "training."]
In reply to your queries I have the honour to inform you as follows :— (a.) Protection of Property of Chinese and German Citizens in the Future. The Chinese Government promises complete protection for German citizens carrying on peaceful business in China, and that it will not carry out further seizures of their property save as may be in accordance with universally recognised principles of international law or the provisions of the laws of China. It will be the duty of the German Government to accord similar treatment to Chinese citizens in Germany.
(b) Judicial Protection-Lawsuits affecting German citizens in China will be tried in the newly-established law courts in accordance with the new laws, the German citizens concerned will have a right of appeal, regular court procedure will be followed, and during the trial the assistance will be permitted of lawyers and interpreters of German nationality who have officially been admitted by the courts.
(c) Mixed Court Cases.-The Chinese Government will devise an arrangement for the settlement of Mixed Court cases in which German citizens are plaintiffs or defendants.
(d) The Chinese Trading with the Enemy Ordinances.-These various ordinances
will lose their effect from the date of the ratification of the agreement.
The registration of German trade-marks with the Customs, where such has taken place, shall, after the ratification of the agreement, recover its effect if renewed by the original owners of the marks.
Until the general enforcement of the national tariff, German imports shall pay duty according to the general tariff,
(e) Liquidation of the Sino-German Indebtedness.-The Chinese Government has no intention of participating in the general clearing house established under article 296 of the Versailles Treaty.
Further, in view of the above undertaking of the German Government to pay to the Chinese Government part of the war indemnity, the Chinese Government under- takes to discontinue without fail from the date of the signature of this agreement all liquidation of German property, and, when the above-mentioned indemnity money shall have been received and the Sino German Agreement ratified, to return to the original
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