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Preamble.
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Enclosure 3 in No. 1.
DRAFT EXTRA-TERRITORIALITY TREATY.
Index (for reference purposes only).
ARTICLES.
Article 1. Transfer of Jurisdiction.
Taxation.
Arbitration.
Article 2.
Special Chambers.
Article 8.
Legal Counsellors.
Article 4.
Lawyers and Interpretation.
Article 5.
Arrests, &c.
Article 6.
Article 7.
Article 8.
Rights in Immovable Property
Article 9.
Immunity of Premises, &c.
Article 10.
Military Requisitions and Forced Loans.
Article 11.
Shipping.
Article 12.
Companies.
Article 19.
Pending Cases.
Article 14.
Personal Status.
Article 15.
Rights of Residence.
Article 16.
Reserved Areas.
Article 17.
British Protected Persons.
Article 18.
Non-discriminatory Treatment.
Article 19.
Article 20.
Article 21. Duration.
Article 22.
Ratification.
Abrogation of Conflicting Clause in Existing Treaties. Authoritative French Text.
ATTACHED DOCUMENTS.
A. Declaration regarding the Chinese Courts.
B. Declaration regarding the Judges of the Special Chambers.
C-Declaration regarding the Legal Counsellors.
D.-Exchange of notes regarding article 8.
E. Exchange of notes regarding article 16.
F.-Note regarding the publication of Chinese Codes, &c.
G.-Note covering miscellaneons assurances.
H.-Letter regarding Arbitration Law. (Unpublished.) I.-Agreed Minute regarding immunity of courts from external interference, legal counsellor of British nationality, lawyers, military requisitions, court sentences and personal status. (Unpublished.)
PREAMBLE.
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas. Emperor of India, and
Ilis Excellency the President of the National Government of the Republic of China;
Being animated by the desire further to strengthen the bonds of friendship happily existing between them, have resolved to conclude a Treaty for the purpose of readjusting matters relating to jurisdiction over subjects of His Majesty in China and have for this purpose appointed as their Plenipotentiaries :-
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:
For Great Britain and Northern Ireland and all parts of the British Empire which are not separate members of the League of Nations:
For the Dominion of Canada:
For the Commonwealth of Australia:
For the Dominion of New Zealand:
For the Union of South Africa:
For the Irish Free State :
For India:
His Excellency the President of the National Government of the Republic of China:
Who, having communicated their full powers, found in good and due form, have agreed as follows:-
ARTICLE 1.
1. Except as otherwise provided by the present Treaty, subjects of His Majesty in China shail as from its coming into force be subject to the jurisdiction of the modern Chinese courts of justice (Fa Yuan) and to the duly promulgated laws. ordinances and regulations of China.
2. As regards rights of appeal and in all other matters of procedure the modern Chinese codes of law and procedure shall be applicable to subjects of His Majesty. In all legal proceedings and in all matters relating to the administration of justice by the courts subjects of His Majesty shall enjoy treatment not less favourable than that accorded to Chinese citizens.
3. Except as provided in paragraph 4 of this article, subjects of His Majesty shall not be subject to the jurisdiction of the police courts; nor shall they be subject to the jurisdiction of any other tribunals than the modern Chinese courts of justice.
4. Subjects of His Majesty shall be subject to the jurisdiction of the modern police courts in case of offences under the police offences code or under municipal regulations, but in each of such cases the penalty imposed by the court shall not exceed a fine of 15 yuan (dollars) or, in the event of such fine not being paid, detention at the rate of one day's detention for each yuan (dollar) of the fine imposed up to a maximum of fifteen days.
ARTICLE 2.
In the district courts in Harbin. Shenyang (Mukdem). Tientsin. Tsingtao, Shanghai, Hankow. Chungking, Canton. Foochiow, and Kunmin (Yunnanful, and in the high courts having appellate jurisdiction over such district courts, with the exception of the Supreme Court, special chambers shall be established for dealing with cases involving subjects of His Majesty as defendants or accused. All cases involving subjects of Ilis Majesty, wherever resident, as defendants or accused. except when they may be taken to the Supreme Court on final appeal, or when a subject of His Majesty concerned may elect, in writing, to submit himself to the jurisdiction of the local modern court having jurisdiction over purely Chinese cases of a similar nature, shall be tried only before these special chambers. Any case involving a subject of His Majesty as defendant or accused, which originates within the ordinary jurisdiction of a court other than one of those mentioned above, will (unless the subject of His Majesty concerned elects otherwise. as provided above) be transferred for trial to the special chamber most accessible to the court within whose jurisdiction the case originates.
ARTICLE 8.
1. To each of the special chambers provided in the preceding article there shall be attached foreign legal counsellors who shall be selected and appointed as officials of China by the Chinese Govern- ment from among foreign legal experts of high moral character
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