252
4
who possess the training, qualifications and practical experience necessary for appointment to judicial offices.
2. The names, and the amount and conditions of payment of salaries, of the legal counsellors will be communicated by the Minister for Foreign Affairs of the Chinese Government to His Majesty's Diplomatic Representative in China, and their terms of service will be governed by contracts in accordance with the attached declaration by the Chinese Government. They shall remain in office for a specified term. unless dismissed for canse duly shown. and shall otherwise receive the consideration and respect due to the dignity of their office.
8. A legal counsellor need not permanently reside at the place in which the special chamber of the court to which he is assigned is established and there shall be a flexible and practicable system of administration of assignments in order to ensure efficiency in the employment of the said legal counsellors.
4. The legal counsellors shall serve under the Minister of Justice, and shall be deputed by the Ministry of Justice for serving during the hearing of cases involving subjects of Ilis Majesty as defendants or accused in the special chambers provided in the preceding article. It shall be the duty of the legal counsellors in these cases to observe the workings of the special chambers. They shall have access to the files of the proceedings, and may present their views in writing to the judges, who shall give due consideration to the views thus expressed by the legal counsellors. Adequate arrangements will be made for interpretation in order to enable the legal counsellors to follow and observe the proceedings in court. The legal counsellors shall forward to the Minister of Justice such reports as they may consider necessary, and copies of these reports in eases involving subjects of His Majesty as defendants or accused will immediately be furnished by them to His Majesty's Diplomatic Representative in China upon request.
5. The legal counsellors shall be authorised to receive directly observations regarding the administration of justice, the execution of judgments, or the manner of the application of the law. and at the request of any of the interested parties shall bring such observations to the notice of the Minister of Justice with a view to ensuring the observance of Chinese law. Copies of such observations in cases involving subjects of His Majesty will likewise immediately be furnished by the legal counsellors to His Majesty's Diplomatic Repre- sentative in China upon request.
or
6. Similarly the legal counsellors shall be authorised to receive any other observations or complaints, including such as may be caused by domiciliary visits, expropriations, requisitions. arrests, &e.. which observations shall be similarly dealt with. Immediately following any domiciliary visits, search, or arrests, directly affecting subjects of His Majesty in any judicial district, the local authorities shall notify the legal counsellor who shall be most accessible in point of time.
7. In all cases in which subjects of His Majesty are involved as defendants or accused a foreign legal counsellor shall be present at the hearings of the cases in both the high and district courts and judgment shall be reserved until he has made within three days after the conclusion of the trial such observations in chambers as he may desire to the judges, and, in the event of the judges failing to give them due consideration, the execution of the judgment will be suspended until the observations of the legal counsellor have been considered by the Ministry of Justice, which will take such action as it deems appropriate in the interests of justice.
8. The Chinese courts referred to in article 1 shall not begin to exercise jurisdiction over subjects of His Majesty until the special chambers referred to in article 2 have been organised and until the legal counsellors above mentioned have been appointed and installed in office as provided in this article.
ARTICLE 4.
I. A subject of His Majesty appearing before a Chinese court as party to a civil or criminal suit may employ duly qualified Chinese or British or other foreign lawyers and interpreters, provided in the case of the lawyers that they are registered as such with the Chinese
5
Government, and such lawyers, if of foreign nationality, shall have the same rights and privileges as Chinese lawyers appearing before the court, and shall be subject to the laws and regulations governing Chinese lawyers.
2. Hearings shall be in the Chinese language, but the court shall take measures to ensure an understanding of the proceedings by all parties to the case and have the assistance of competent interpreters if necessary.
3. Subjects of His Majesty, parties to a suit, or persons authorised by them shall, upon payment of the usual official fees for such copy, have the right to obtain certified copies of the evidence and judgment in such suit, and arrangements will, if necessary and where possible, be made for supplying on application and on payment of appropriate fees translations of such documents. 1. In all judicial proceedings in which subjects of His Majesty are summoned to appear, whether as parties to the case or witnesses. and in all court processes directly concerning subjects of His Majesty, their names will, in order to avoid mistakes and misunderstandings, be added in English to the Chinese text of the summons, order or other court process.
ARTICLE 5.
1. Except in cases of flagrante delicto, subjects of His Majesty may not be arrested, detained or imprisoned except upon an order formally issued by a modern court of justice specifically stating the legal grounds on which, and the offence for which, action is .authorised. They shall within twenty-four hours after arrest, exclusive of legal holidays, be brought for hearing before the nearest modern court of justice competent to deal with the case. If there
is no competent modern court which can be reached in this space of time, any subject of His Majesty thus arrested will be brought before the nearest competent modern court with the least possible delay. 2. Any subject of His Majesty arrested or otherwise detained shall be permitted to communicate immediately with the nearest British consular officer, and he is to be afforded all possible facilities to that end. British consular officers or their representatives shall he permitted to visit at all reasonable times any subject of His Majesty under detention.
8. Subjects of His Majesty under detention or sentence of imprisonment will only be detained or imprisoned in modern detention houses or modern prisons or in other premises suitable for their detention or imprisonment.
4. Subjects of His Majesty serving sentences of imprisonment may be visited by British consular officers or their representatives at all reasonable times.
5. If any subject of His Majesty charged with any offence, the maximum penalty for which does not exceed imprisonment for six months, makes application before sentence is given for the imposi- tion of a fine instead of imprisonment, the Chinese court will grant such application. In any such case the fine imposed will not exceed -a maximum of one thousand yuan (dollars). Similarly, if any subject of His Majesty charged with any offence punishable under the Chinese criminal code by imprisonment not exceeding one year, or fine, makes application before sentence is given for the imposition of a fine instead of imprisonment, the Chinese court will grant such application. In any such case the fine imposed will not exceed a maximum of three thousand yuan (dollars).
6. Except in the case of crimes punishable by death or imprison- ment for life, immediate release on bail will, on application, be granted to any subject of His Majesty arrested or detained, unless the court has good reason to believe that the accused may flee from justice after release. The amount of bail will be reasonably proportionate to the offence alleged. Such facilities for release on hail will be granted to appellants until the sentence of the final appellate court is given.
7. Subjects of His Majesty shall not be subject to imprisonment for debt. If, however, it is shown that a debtor is taking action which will render execution on his goods in China impossible, or if -execution cannot be safeguarded by any other means, he may be
253