CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 104

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

[This Document is the Property of His Britannic Majesty's Government, and should be returned to the Foreign Office if not required for official use.]

From CHINA.

Decypher.

Sir M. Lempson

(Nanking).

104

27th March 1931.

D. 1.50 a.m. 28th March 1931.

R. 9.0 a.m. 28th March 1931.

No. 76. Tour.

My immediately preceding telegram.

My telegram No.77. Transfer of jurisdiction. This article reproduces substance of your telegram No.19. Last sentence of first paragraph of latter is dropped. Point seems covered by words "except as otherwise pro- vided for in present treaty". In second paragraph phrase "in all legal proceedings" is substituted for "in all matters relating to administration of justice". In third paragraph reference to magistrates and military courts is dropped. Point is covered by words "any other tribunals than". Paragraph 8 of your draft is dropped and paragraph 7 appears in attached dedlaration.

2. My telegram No.78. Lawyers etc. I added last paragraph as a result of recent experiences of consulate at Shanghai with district court there.

3. My telegram No.79. Legal counsellors. Chinese took advantage of our amendments to seek to reopen whole question of functions of legal counsellors with special reference to following points. Judgment could not be held up indefinitely while legal counsellors' observa- tions were awaited. They strongly objected to wording "no judgment will be handed down". They pointed out

1

that

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