CO129-491 - Public Offices - 1925 — Page 129

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CONFIDEL TIAL.

NOTES FON TAB GUIDANCE OF THE PRITISH REPRESENTATIVE ON THE 2.TRA-TERAITORIALITY

COMMISSION.

125.

1.

It will have been seen from the Secretary of

State's despatch of

that, in the opinion of

Hia Majesty's Government, the field which the investigations

of the Commission should cover sub-divides naturally into

two distinct but connected parts as follows:-

(A)

Questions connected with the administration of justice in the Courte now actually functioning in China, and

(B)

Questions connected with encroachments on

China's covereign rights due directly or indiretly to the limitions placed by extra-territoriality on the jurisdiction exercised by the Chinese Courts.

If this opinion is justified, it may be expected that the

recommendations of the Commission will be grouped under two corresponding heads, and that they will take the two following

forms:

(A)

A draft programme for the gradual and progressive

Transfer of jurisdiction over foreigners from

It is foreign courts to Chinese courts. important to make cloar at the outset that, so far as action by the powers is concerned, the recommendations of the Commission under this head should (with minor exceptions of the kind indicatod in paragraphs 9 and 10 below) be hypothetical in form; that is to sey, no particular measure of transfer should be recommended except as a consequence of particular improvements in the Chinese judicial system which the Commission eiso recommend,

(B)/