CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 241

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

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Article 5 (i). In order to obviate any questions as to existing rights in respect of and titles to real property in the territory of the Republic of China possessed by nationals and companies or His Majesty the King, or by His Majesty's Government in the United Kingdom and in particular questions which might otherwise arise from the abrogation of the provisions of treaties and agreements provided for in Article 2 of the present Treaty, the High Contracting Parties agree that such existing rights and titles. shall be indefcasible and shall not be questioned upon any ground except upon proof, established through due process of law, that such rights have been acquired by fraud or as

result of confiscatory action during the Japanesc action, in which case the property shall be restored on such terms as justice shall require to its previous owners.

a

(ii) The High Contracting Parties also agree that if it should be the desire of the Government of the Republic of China to replace by new deeds of ownership leases in perpetuity or other documentary evidence relating to real property held by nationals or companies of His Majesty the King or by His Majesty's Government in the United Kingdom, the replacement shall be made by the Chinese authorities gratuitously and the new deeds of ownership shall fully protect such lease-holders and their legal heirs and assigns without diminution of their prior rights and interests, including the right of alienation.

(iii) The High Contracting Parties agree further that nationals or companies of His Majesty the King or His Majesty's Government in the United Kingdom shall not be required or asked by the Chinese authorities to make any payments as land transfer fees for or with relation to any period prior to the effective date of this Treaty.

Article 6. His Majesty the King having long accorded rights to nationals of the Republic of China within each of the territories of His Majesty to travel, reside and carry on commerce throughout the whole extent of that territory, the President of the National Government of the Republic of China agrees to accord similar rights to nationals of His Majesty within the territory of the Republic of China. In all legal proceedings and in all matters relating to the administration of justice, the levy of taxes or requirements in connexion therewith, and the carrying on of commerce, nationals and companies of one High Contracting Party in the territories of the other H.C.P. shall enjoy treatment not less favourable than that accorded in those territories to the nationals of the latter High Contracting Party. The right to carry on commerce shall only be restricted in time of war and national emergency and then shall only be subjected to such restrictions as are necessary in the interests of national security and which are imposed upon all foreigners.

Article 7.....

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