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Sir,
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F.-Note from Minister for Foreign Affairs to His Britannic Majesty's Minister.
WITH reference to the Treaty concluded between us to-day, I have the honour, in reply to your Excellency's enquiry, to state that the work of compiling the modern Chinese codes and laws has now been completed and that a copy of the Sau Fa Li Kuei of the National Government issued by the Judicial Yuan containing the texts of all the important codes, laws, ordinances and regulations promulgated down to the present time, a revised edition of which is in course of preparation, will be transmitted to your Excellency as soon as possible. I have further the honour to inform your Excellency that, with a view to enabling foreign nationals in China to familiarise themselves with Chinese laws and judicial procedure, translations of the principal Chinese codes, laws, ordinances and regulations are being made and will be placed on sale, such transla- tions being checked by and prepared under the ægis of the competent department of the Chinese Government. It is, of course, understood that Chinese is and remains the only authoritative text of Chinese codes, laws, ordinances and regulations.
Sir,
G.-Note from Minister for Foreign Affairs to His Britannic Majesty's Minister.
WITH reference to the Treaty concluded between us to-day I have the honour to assure your Excellency as follows:—
Where subjects of His Majesty are involved in minor incidents or offences such as infractions of municipal regulations, motor car cases, and so on, the Chinese police will, as far as may be practicable, assure themselves of the identity of the individuals concerned by taking their names and addresses and will not arrest them or detain them in police stations.
It is understood that the liability of a subject of His Majesty standing bail for a party involved in court proceedings will in all cases be limited to the amount of actual bail fixed by the court.
The qualifications of British professional men, such as doctors, chartered accountants, architects and engineers, will, if necessary, on production of proper evidence including registration with the Chinese Government where such registration is required by Chinese law, be recognised by the Chinese courts.
In connexion with legislation providing for the examination of commercial books and correspondence, it is understood that in the case of British firms the certificates of duly qualified chartered accountants will be accepted with a view to dispensing, as far as may be practicable, with such examination.
H.-Note from Minister for Foreign Affairs to His Britannic Majesty's Minister.
(Unpublished.)
My dear Sir Miles Lampson,
WITH reference to article 7 of the Treaty concluded between us to-day, I have the honour to confirm your Excellency's under- standing that the Chinese Mediation Law (Chinese characters) of the 20th January, 1980, has no application to arbitration agreements of the kind contemplated in the said article.
1. Agreed Minute of Interview between the Minister for Foreign Affairs and His Majesty's Minister with reference to the Treaty concerning the Readjustment of Matters relating to Jurisdiction over Subjects of His Majesty in China.
(Unpublished.)
REFERRING to the Declaration attached to the Treaty to the effect that the Chinese courts will ensure to the persons and property of subjects of His Majesty due protection in accordance with inter- national law and the general practice of nations, Dr. Wang assured
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Sir Miles Lampson that it was to be understood that the said Chinese courts assuming jurisdiction over subjects of His Majesty would be strictly immune from all external interference by any non-judicial authority.
2. Referring to the arrangements provided in the Treaty for the employment by the Chinese Government of foreign legal counsellors, Dr. Wang assured Sir Miles Lampson that at least one of the said legal counsellors would be of British nationality.
3. Sir Miles Lampson, referring to the matter of the registration of British lawyers, enquired whether he was correct in understanding that it was not the intention of the Chinese Government to require that duly qualified British lawyers appearing on behalf of subjects of His Majesty in the Chinese courts should have a knowledge of the Chinese language or possess diplomas of Chinese law schools. Dr. Wang replied that the above understanding was correct.
4. Sir Miles Lampson, referring to article 10 of the Treaty, assured Dr. Wang that it was to be understood that Chinese citizens in the United Kingdom would enjoy in respect of the matters referred to in the said article the same exemptions as were enjoyed by the subjects or citizens of any other foreign country.
5. Dr. Wang informed Sir Miles Lampson, with reference to clause 5 of article 5 of the Treaty, that it was of course to be under- stood that the courts would not intentionally discourage such applications by unnecessarily imposing the maximum fine.
6. Referring to clause 2 of article 14 of the Treaty, Dr. Wang assured Sir Miles Lampson that it was to be understood that where such cases were dealt with outside the jurisdiction of the Chinese courts they would be dealt with by the competent courts of His Majesty.
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