CO129-619-1 Parliamentary delegation to China 1-9-1947 - 23-12-1947 — Page 136

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

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134

CONFIDENTIAL.

8. Note on the Abolition of Extra-Territoriality in

China and the Present Position of Sino-British Treaty Negotiations.

Under treaties concluded between Great Britain

and China in 1842 and 1858 British subjects in China

enjoyed extra-territorial rights, that is to say, they

were subject to British and not Chinese jurisdiction,

and civil and criminal suits against British subjects

had to be brought before His Majesty's Consular

Courts and His Majesty's Supreme Court at Shanghai.

Similar treaties were in force between China and

other powers.

The effect of these treaties was that

Chinese legislation was not applicable to. Treaty

Power nationals, who were in practice exempt from

Chinese taxation.

2.

Certain powers, notably the Germans, Austrians

and Russians, surrendered their extra-territorial

rights shortly after the conclusion of the 1914-18

war.

3.

China declared war on Germany, Italy and Japan

on the 8th December 1941, after Pearl Harbour. On

the 10th October 1942 declarations were made by the

Governments of the United States of America and

Great Britain of their readiness to enter into

immediate negotiations for the relinquishment of

extra-territorial and other special rights and the

settlement of relating questions. A breaty in

this sense was signed between His Majesty's

Government in the United Kingdom and India on the

one hand and the Chinese Government on the other on

the 11th January 1943 and entered into force with

the exchange of ratifications at Chungking on the

/20th

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