29
12
any
except in the case of special emergency and only after due notification to and by arrangement with the captain of the vessel or the officer in charge. They may not be boarded by Chinese police, nor may any person be arrested on board such vessel except upon a warrant formally issued by a modern court of justice In the specifically stating the legal grounds on which action is authorised. absence of such a warrant, Chinese police may only board the vessel in case of special emergency and only after due notification to and by arrangement with the captain of the vessel or the officer in charge. In general, the treatment accorded to British commercial vessels shall be in conformity with that accorded in recognised international practice by maritime nations to vessels of other countries in their ports or territorial waters. The present authority of the Chinese Maritime Customs with regard to British commercial vessels, including authority to search such vessels for the prevention of fraud or smuggling, shall remain unimpaired.
ARTICLE 12.
Such
Companies, firms, partnerships and corporations incorporated or organised in accordance with the laws of His Majesty and operating in China shall, provided they comply with the provisions of Chinese law relating to the registra- tion of such organisations, be entitled to all the rights and privileges enjoyed by subjects of His Majesty under this Treaty, including the rights enjoyed in Chinese courts, whether as plaintiffs, complainants or defendants. companies, firms, partnerships or corporations and their branches, agencies or representatives shall not be subject to discriminatory treatment, and as regards national, provincial and municipal taxation shall only be taxed in proportion to the amount of capital actually employed respectively in China, in the province or in the municipality, or in respect of the profits and revenues which they have actually earned respectively in China, in the province or in the municipality. Reciprocally Chinese companies, firms, partnerships or corporations shall enjoy in the United Kingdom, as regards taxation, the right to carry on business and access to the courts, treatment not less favourable than that enjoyed by companies, firms, partnerships or corporations of the most favoured foreign country.
ARTICLE 13.
Cases terminated in the British courts in China before the coming into force of this Treaty shall not be reopened, and all final judgments or decisions rendered in such cases shall be executed in any part of China by the Chinese judicial authorities. Cases pending before the British courts in China at the time of the coming into force of this Treaty shall continue until judgment is pronounced in the said courts, the jurisdiction of which shall remain in full force for this purpose; and the Chinese authorities undertake to lend any assistance requested by the British authorities in this connexion. All such pending cases shall be finally disposed of and wound up within a period of six months from the date of the coming into force of this Treaty, upon the expiration of which period any cases still pending shall be dismissed or turned over to the Chinese courts for adjudication. It is understood that after the coming into force of the present Treaty no actions against subjects of His Majesty will be entertained by the competent Chinese courts in respect of acts which took place prior to that date for which they were not liable according to English law, but for which they might be liable according to Chinese law.
ARTICLE 14.
1. In all matters of personal status, among which are included all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity, affiliation, adoption, capacity, majority, guardianship, trusteeship and interdiction, and in all matters relating to succession whether by will or on intestacy, and to the distribution and winding up of estates and family law in general, English law will be applied by the Chinese courts as regards subjects of His Majesty in China.
2. All such cases of personal status where only subjects of His Majesty are concerned will, at the option of any of the parties concerned, be dealt with outside the jurisdiction of the Chinese courts.
13
3. British consular officers shall take temporary possession of the estates in China of deceased subjects of His Majesty. They shall administer the same in all cases where no objection to such administration has been filed by an interested party in writing at a British consular office in China within ninety days after notice of death has been published by the competent consular office. Where such objection is filed the provisions of paragraph 1 or 2 will apply as the case may be. In cases of intestacy where there is no kin the immovable property of the deceased will be disposed of in accordance with the laws of China.
4. In all the above-mentioned matters the principles of private international law will be likewise applied by the courts of the United Kingdom as regards Chinese citizens without any discrimination against them as compared with the nationals of any other country.
ARTICLE 15.
The existing rights enjoyed in China by subjects of His Majesty to travel, reside, establish firms, open branches, acquire or lease property, work and engage in industry or commerce, shall remain unimpaired.
ARTICLE 16.
1. Subjects of His Majesty in the area of Greater Shanghai, as shown on the attached map, shall not be amenable to the jurisdiction of the Chinese courts during a period of five years from the date of the coming into force of the present Treaty. It is agreed that discussions will be entered into within the said period of five years on the subject of the arrangements to be made at the end of the said period. In the absence of a settlement of the question of jurisdiction by negotiation and agreement between the High Contracting Parties at any time after the expiry of the said five years, subjects of His Majesty shall not become amenable to the jurisdiction of the Chinese courts until the expiry of ten years from the date of the coming into force of the present Treaty.
2. Subjects of His Majesty in the area at Tientsin shown on the attached map shall not be amenable to the jurisdiction of the Chinese courts until the expiry of five years from the date of the coming into force of the present Treaty.
3. Subjects of His Majesty in the areas above specified shall be liable for the payment of Chinese taxation, as provided in article 6 of the present Treaty, provided such taxation is equally paid by Chinese citizens and other foreign nationals in the said areas.
ARTICLE 17.
In the present Treaty the expression "Subjects of His Majesty" shall be deemed to include persons under His Majesty's protection.
ARTICLE 18.
Subjects of His Majesty shall enjoy in all matters for which this Treaty provides all exemptions from Chinese jurisdiction which may be enjoyed by the nationals of any other country and shall be subjected to no discriminatory treat- ment in regard to taxation, judicial or any other matters for which this Treaty provides, as compared with the nationals of any other country. Reciprocally Chinese citizens shall enjoy in the United Kingdom in respect of all the above matters treatment not less favourable than that enjoyed by subjects or citizens of the most favoured foreign country.
ARTICLE 19.
The provisions in the existing treaties between the High Contracting Parties which are in conflict with the present Treaty are hereby abrogated.
ARTICLE 20.
The present Treaty has been drawn up in Chinese and in English pending the preparation of a French text on which the two High Contracting Parties will agree as soon as possible and which will be authoritative in case of divergence between the Chinese and English texts.
[15299]
D 2
30