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 observa- tions in cases involving subjects of His Majesty will likewise immediately be furnished by the legal counsellors to His Majesty's Diplomatic Representative in China upon request.
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, or arrests, &c., 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.
1. 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 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 obain certified copies of the evidence and judgment in such suit, and arrange- ments will, if necessary and where possible, be made for supplying on application and on payment of appropriate fees translations of such documents.
4. 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 com- petent 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.
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