CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 194

11

of the signature of the said Treaty. But no demands will be made by the Chinese authorities for the payment of such land transfer fees on transfers of land to or from subjects of His Majesty prior to the date of the signature of the said Treaty and rights in immovable property held by subjects of His Majesty shall not be called in question on account of non-payment of such transfer fees in the past. All rights in immovable property now held by subjects of His Majesty in China shall not be questioned unless they are invalidated on legal grounds as the result of a decision rendered by a modern Chinese court of justice, but subjects of His Majesty will comply with the laws of China in regard to such property. In reaching their decisions in such cases the Chinese courts will take into consideration the treaty provisions and laws and the customs and practices in various parts of China which existed at the time when the property rights were acquired. The existing rights of subjects of His Majesty to acquire. hold, and freely dispose of and transfer their rights in immovable property in accordance with the laws of China will remain unimpaired.

Minister for Foreign Affairs to His Britannic Majesty's Minister.

Sir,

I have the honour to acknowledge the receipt of your Excellency's note of to-day's date which reads as follows:-

£6

(Quote note in full

"

I have the honour to confirm your Excellency's understanding as set forth above as correct.

E.-Exchange of Notes.

His Majesty's Minister to Minister for Foreign Affairs.

Sir,

WITH reference to article 16 of the Treaty concluded between us to-day, I have the honour to inform your Excellency that His Majesty's Government in the United Kingdom are prepared to support immediate negotiations for a solution of the questions of the extra-settlement roads at Shanghai subject to satisfactory arrange- ments being made in regard to the policing and maintenance of the said roads and the payment of rates and provision of municipal services in the areas in question.

I have further the honour to declare that is Majesty's Govern- ment in the United Kingdom are prepared to enter immediately into negotiations for the rendition of the British concession at Canton on the understanding that all public and private property rights and interests will be duly safeguarded in the terms of such rendition.

I have the honour to request your Excellency's confirmation of my understanding that the jurisdiction of the British courts in the areas specified in article 16 above referred to will continue in force pending the time when subjects of His Majesty in the said areas become amenable to the jurisdiction of the Chinese courts; and further that under the provisions of article 18 of the Treaty subjects of His Majesty resident in areas in China where the nationals of any country may be exempt from Chinese jurisdiction will enjoy all such exemptions from Chinese jurisdiction as may be enjoyed by the nationals of any country.

Minister for Foreign Affairs to His Britannic Majesty's Minister.

Sir,

I have the honour to acknowledge the receipt of your Excellency's note of to-day's date which reads as follows :-

(Quote note in full)”

I have the honour to take due note of your Excellency's declarations and to confirm your understanding quoted above as correct.

[5627]

D

259