CO129-491 - Public Offices - 1925 — Page 162

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[This Document is the Property of His Britannic Majesty's Government,

CHINA.

CONFIDENTIAL.

[December 1, 1925.]

SECTION 2.

158

[F 5836/835/10]

No. 1.

Notes for the Guidance of the British Representative on the Extra-Territoriality

Commission.

IT will have been seen from the Secretary of State's despatch of the 1st December, 1925, that, in the opinion of His Majesty's Government, the field which the investigations of the commission should cover falls naturally into two distinct but connected parts as follows:-

(A.) Questions connected with the administration of justice in the courts now

actually functioning in China; and

(B.) Questions connected with encroachments on China's sovereign rights due directly or indirectly to the limitations placed by extra-territoriality on the jurisdiction exercised by the Chinese courts.

If this opiniou is justified, the recommendations of the commission will probably be grouped under two corresponding heads, and will take the two following forms :— (A.) A draft programme for the gradual and progressive transfer of jurisdiction

over foreigners from foreign courts to Chinese courts.

It is important to make clear 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 indicated in paragraphs 9 and 10 below) be conditional in substance that is to say, no particular measure of transfer should be recommended except as a consequence of particular improvements in the Chinese judicial system which may already have been made or which the commission may recommend. Whether the form also of such recommendations should be conditional will depend on circumstances; there may be cases in which there will be no objection to saving Chinese face by letting the Chinese offer to take measures which, when they have been taken, will be accompanied by measures to be taken on the part of the Powers.

(B.) A draft programme for the modification or abolition of those features of the present system of extra-territoriality which the commission think might be safely modified or abolished independently of possible improvements in the Chinese judicial system.

Under this head the recommendations of the commission will not necessarily be conditional. Action by some or all of the Powers may be recommended without action on the part of the Chinese (whether by an improvement of their judicial system or otherwise) being recommended. It will, however, probably found that, in most of

the cases where action by the Powers is recommended under this bead, such action will involve the settlement of difficulties with the Chinese Government by negotiation through the diplomatic channel.

2. Before setting out the following directions for the guidance of the British representative under these two heads a general caution is required. He should bear in mind throughout that it is highly undesirable that he should allow himself to be placed in a position where it may appear that he stands alone in resisting concessions to Chinese opinion which the representatives of other Powers, whose interests in the matter are far less important than those of Great Britain, are prepared to recommend. To this end he should use every endeavour to discourage any of his colleagues from putting forward or supporting proposals which could only result in damage to foreign interests with no real benefit to China.

3.

(A.) Transfer of Jurisdiction.

Under this head attention must first be drawn to a distinction of principle which it is apprehended that the commission will find it necessary to keep in mind, accordingly as their investigations bear upon the administration of justice in Chinese courts on the one hand, and upon the working of foreign courts on the other. As

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