24
6
the Japanese). I realise, however, that international difficulties of giving up Shanghai are probably, at present, insuperable though the question will have to be faced sooner or later.
7.
The above observations are, of course, only intended to be very general. It does not appear worth while to go into details unless we are approached.
(Repeated to Tokyo, Saving, commercial counsellor, Commander-in-chief, General Officer Commanding and Peking.)
ANNEX V.
Sir H. Knatchbull-Hugessen to Mr. Eden.-(Received April 24.)
(No. 116. Confidential.)
(Telegraphic.)
Nanking, April 24, 1937.
MY telegram No. 106 and my telegram No. 114. In course of private conversation with Minister for Foreign Affairs at tea with me yesterday evening I mentioned that I had been somewhat puzzled by suggestions in the press that question of extra-territoriality might be raised at this juncture. Our attitude was already sufficiently clear. It was an intricate question with which I was not familiar, but I would, of course, study it. I had, however, not been disposed to place too much faith in these press reports as I should have thought Chinese Government had enough on their hands at present without raising extra-territoriality, which must inevitably produce friction with some Powers.
2. Minister for Foreign Affairs said that reports in question emanated from Tokyo, and he expressed view that they were intended by Japan as a red herring. He entirely agreed with my views. China has enough on her hands at present without raising this,
(Repeated to Tokyo, Saving, Peking, commercial counsellor, Commander-in- chief, General Officer Commanding.)
Preamble.
ANNEX VI.
DRAFT EXTRA-TERRITORIALITY TREATY
Index (for reference purposes only). ARTICLES.
Article 1. Transfer of Jurisdiction.
Taxation.
Article 2.
Special Chambers.
Article 3.
Legal Counsellors.
Article 4.
Lawyers and Interpretation.
Article 5.
Arrests, &c.
Article 6
Article 7.
Arbitration.
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 13.
Pending Cases.
Article 14.
Personal Status.
Article 15.
Rights of Residence.
Article 16.
Reserved Areas.
Article 17.
British Protected Persons.
Article 18.
Article 19
Article 20.
Article 21.
Duration.
Article 22.
Ratification.
Non-discriminatory Treatment.
Abrogation of Conflicting Clause in Existing Treaties. Authoritative French Text.
7
ATTACHED DOCUMENTS,
-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 miscellaneous 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
His 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 shall 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
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