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III. In adition to proposels already maỏe as regar's the text of the treaty itself, His Majesty's Government would suggest that the Chinese Government should be invited to give certain assurances regarding the treatment of our nationals after extraterritoriality has been abolished. These it hoped would be of a nature to facilitate our everyday relations with the Chinese (overment in jurisdictional matters and would help to avoid misu'erstenĉings and disputes.
juggested draft of such a note from the Chinese Gov÷rtme
as follows:
with reference to the treaty concluded between ul
I have the honour to declare on behalf of my Government that they will accord to nationsls of His Majesty in Chins the following treatment in regard to judicial snd other matters, namely
1.
Except in cases where considerations of national security or military necessity in time of war are involved, nationals of His Majesty in Chine will be subject to the jurisdiction of ne other tribunale then the established Courts of Justice (Ps Yuan) and, in case or police offences, to that of the police authorities in sooorčance with the duly promulgated laws, ordinances and regulations of Chine.
2. Nationals of His Me.
wafer detention or senter:00
of imprisonment will only be detained or imprisoned in soh prisons as are specifier by order of the Ministry of Justice for the detention of foreign prisoners or in other premises suitable for their detention or imprisonment.
3. In all matters of personal status, among which are included all questions relating to marriage, oʊnjugal rights, divorom, judicial separation, dover, paternity, affiliation, adoption, capacity, majority, uardianship, trusteeship and interdiction, and in all matters relating to succession whether by will or on intestacy, and to the distribution and winding up of estates and family law in general, the law of the terri- tory within the British dominions from which the party concerned oriųinates will be applied by the Chinese courts as nationals of His Majesty in China.
The British note in reply woul" give similar assurances to the Chinese Goverment regarding the treatment of their nationals in the territoriea of His Majesty to which the treaty applies.
PORNIG OFFICE,
14th Gatober, 1942.
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