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3. Draft British note in reply.
I have the hon ur on behalf of His Majesty's Government. in the United Kingdom to take note of the three assurances set out in Your Excellency's note, and to set forth the reciprocal treatment which will be assured to nationals of China in the territories of His Majesty to which the treaty applies; which is as follows:
(1) ExJept in cases where considerations of national security or military necessity in time of war are involved, Chinese nationals will only be subject to the jurisdiction of the established courts of Justice of the territory where they are, including in the case of palice offences to the established tribunals which have jurisdiction in these cases.
(-) Chinese nationals under detention or sentence of impris nment will only be detained or imprisoned in prisons and places of detention which are duly established for the detention and imprisonment both of nationals and of foreigners.
(3) In matters of personal status referred to in assurance No. 3 of Your excellency's note, the courts of the territories of His Majesty to which the treaty applies apply the law of the domicile of the party concerned. According to this principle English law or the law of the territory concerned would only be applied to a Chinese national where Buch national had established a residence in the territory which was found to be of indefinite duration with no intention to leave, In the case of a Chinese national only temporarily resident in this country and who had the intention of returning to China these churts would apply Chinese law.
(OTP)