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If the Chinese suggestion were adopted, it would mean that British courts in China. would apply the draft codes as well as those actually promulgated. This would be a considerable extension of the British proposal as it now stands.
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፡፡
6. I was asked the meaning of the words subordinate legislation," and throughout China" in the third proposal. I explained the former expression in the words of the definition given in Foreign Office telegram No. 92 of the 1st February last to His Majesty's Legation, and added that I thought that such legislation as by-laws would be included as far as practicable; the latter expression I thought might mean, as the Chinese representatives suggested, not every part of China, but only such part as the legislation intended to affect.
7. The Chinese representatives declared themselves unable to discuss the fourth proposal, relating to taxation, but the enclosed copy of a memorandum (enclosure No. 2)* submitted to the Extra-territoriality Commission on the 5th May last by the Chinese delegate (Dr. Wang Chung-hui) gives some indication of the taxes which the Chinese Government will expect British subjects to pay.
8. In connection with the fifth proposal, relating to the revised Chinese Penal Code, the Chinese delegates expressed the hope that an effort would be made to remedy the state of affairs referred to in paragraph 40 of the Extra-territoriality Commission's Report, by establishing in China the final Court of Appeal in mixed criminal cases. I made no comment on this suggestion beyond saying that the matter would receive attention. The Chinese have little cause for complaint on this score so far as the British courts are concerned. There is no appeal to the Privy Council from a decision of the Full Court in criminal matters, save by leave of the Privy Council, and I understand that leave is not readily given, especially when the appeal is on a question of fact.
9. Lastly, the question of "judicial assistance was raised. The Chinese wish the original proposal presented by Dr. Wang Chung-hui to the Extra- territoriality Commission to be accepted. That proposal was as follows:
"Judgments (civil and criminal), summonses and warrants of arrest, detention and search, concerning persons under Chinese jurisdiction, when duly issued by a competent Shen P'an T'ing Court, and certified as such by the Wai-chiao Pu or by the local Commissioner for Foreign Affairs, should be executed-
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In the Legation quarter in Peking by the Legation quarter police. In the concessions and settlements where there is a municipal police,
by the municipal police.
"In any other place where a national of the participating Powers may be residing in accordance with the treaties, by the local police.
"In case the person under Chinese jurisdiction has taken refuge on board. a vessel flying the flag of one of the participating Powers, the judgment, summons or warrant should be notified to the consul of such Power who shall have it executed without delay.
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Asylum of political offenders in the compounds of the Legations in Peking should be governed by the general rules and practices of international law."
Bearing in mind the telegraphic correspondence exchanged on this subject between the Foreign Office and His Majesty's Legation, I said that in the case of British vessels the present practice should remain unchanged, and that an exception would probably have to be made to Dr. Wang's proposals in the case of premises actually occupied by British subjects in the treaty-port areas. The Chinese delegates expressed disappointment at this exception being made, and said that they hoped it would not be pressed.
* Not printed.
"
I have, &c.
C. F. GARSTIN.
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