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CONFIDENTIAL.
8. Note on the Abolition of Extra-Territoriality in
China and the Present Position of Sino-British Treaty Negotiations.
Under treaties concluded between Great Britain
and China in 1842 and 1858 British subjects in China
enjoyed extra-territorial rights, that is to say, they
were subject to British and not Chinese jurisdiction,
and civil and criminal suits against British subjects
had to be brought before His Majesty's Consular
Courts and His Majesty's Supreme Court at Shanghai.
Similar treaties were in force between China and
other powers.
The effect of these treaties was that
Chinese legislation was not applicable to. Treaty
Power nationals, who were in practice exempt from
Chinese taxation.
2.
Certain powers, notably the Germans, Austrians
and Russians, surrendered their extra-territorial
rights shortly after the conclusion of the 1914-18
war.
3.
China declared war on Germany, Italy and Japan
on the 8th December 1941, after Pearl Harbour. On
the 10th October 1942 declarations were made by the
Governments of the United States of America and
Great Britain of their readiness to enter into
immediate negotiations for the relinquishment of
extra-territorial and other special rights and the
settlement of relating questions. A breaty in
this sense was signed between His Majesty's
Government in the United Kingdom and India on the
one hand and the Chinese Government on the other on
the 11th January 1943 and entered into force with
the exchange of ratifications at Chungking on the
/20th