i
jurisprudence.
128
5. Assuming however that this dificulty is not insuper.ble, the method of substitution just indicated gecma to present considerable practical possibili les. Thus the Trade Mark law recently enacted by the Chinese Government
is an example of a law which might be so applied; other
examples are the police and municipal regulations and the
local licences and taxes of Chinese municipalities in the
interior; game laws, laws prohibiting import of or dealing
in arms or noxious druga, eto. Other Chinese laws might be
added to the category, until in time practically the whole
body of Chinese law might be made binding on all foreigner s
in China to the oxolusion of their own law. This would
remove one of the greatest evils arising out of the present
practice of Extra-territoriality and at the same time pavə
the way towards the time when these laws would be administered
nct by foreign courts but by Chinese courts, namely, the
complete abolition of extra-territoriality.
6.
The two immediate preceding paragraphs adumbrate a
general method by which the Commission may think it possible
that the way might be paved for the eventual complete abolition
of exterritorial jurisdiction when they approach the problem
from the angle of simplifying the administration of justice
by the existing foreign courts. When the problem is
approached from the other side that of the defects of the
Chinese courts a second, but not incompatible, method at
once suggesta itself. This is the method of what might be oalled gradually diminishing probation, begiming with the
institution, at particular places or for particular purposes, of special mixed tribunal which would apply Chinese law to
foreigners.
7.
The principle of probation involved in this second
method/