1913-12-02 — Page 3

ACTIONS AND REACTIONS IN CHINA.

III.—EXTRATERRITORIALITY.

THE HONGKONG DAILY PRESS, TUESDAY, DECEMBEB 2nd, 1918,

the man was,

In the end, the gunner was surrendered to the Chinese, There is no record of the nature of the trial accorded to him, and he was strangled on January 8th, 1765, under We have already seen that the very first orders from Peking. Considering the Treaty conchided between China and a dates, the order must have been sent in foreign Power contained the elements of reply to the first reports on the occur extraterritoriality the Treaty of Nerence, and not after any trial of the chinsk (1089) provided that if any one of gunner." (The International Relations either nationality committed acts of viol- of the Chinese Empire, p. 102.) ence on the foreign side of the frontier, The disadvantages of a state of affairs they were to be sent to their own side of in which incidents of this sort were the frontier and delivered to the officials possible was apparent enough even in the of their own nationality, "who will inflict factory days, when the number of on them the death penalty as the punish Europeans in China was limited and they munt for their crimes." There is a vast were subjected to a strict control, but amount of difference between this limited with the Treaty of Nanking and the extradition in capital cases and the com- opening of five parts to foreign residence, plete immunity from the least degree of it became obvious that this state of affairs

by a Chinese official of British nationality who was resident in London. When rutes Sir Hallde were demanded from Macartney, Connciller of the Chinese Legation, for his house in Harley Place, he at first refused to pay, claiming exemption as a member of the corps diplomatique. Finally, when threatened with distraint, ho paid under protest, and immediately commenced an action in the High Court for the recovery of the sam

and when judgment was delivered it was entirely in his favour. This incident is especially instructive now in view of the efforts that the Chinese Government is said to be making to prove that its much talked of Stamp Duties are enforceable as against foreigners.)

It is especially in the case of the so-called voluntarily opened" ports

THE PRICE OF SILVER AND

CHINA'S TRADE.

The writer of the financial notes in the A Net Daily News mys

silver during the past ten day's has The unexpected and sensational drop in disorganized business somewhat, especially as at present the business barometer is so delicate that oven a very slight change in conditions affects it. The disabilities from which the import trade is suffering, are already numerous: if to this be added, at this stage, a big fall in exchange the result would be almost disaster. The fall in exchange has, however, been slightly does not mean much materially as yet, checked at the close; and although this

it is an indication that the chances are towards betterment.

At one time China was the weak factor

SALT REVENUE PROSPECTS,

INTERVIEW WITH CHANG HU

PEXING, November 25th. A representative of the Peking Gazette

Revenue dwindled has interviewed Chang Hu, who stated that during the Revolution the Salt $40,000,000.

to $6,000,000 from Chang Hu recently devoted himself to the reorganization of this

He

rising. revenue, the outlook of which is Minister that the income for 1913 would. recently informed the Russian be $10,000,000. The Minister refused to believe it.

But $9,000,000 had been collected by the end of October and there- fore the revenue will exceed $10,000,000 by the end of the year. The Szechuan Salt Administration flourished through- been in operation in Llanghuni district out the revolution, but its reipts are not included. The new systent has only for two months. Chang Hu is confident that they will be able to bring the receipts and that with it this amount will be to $10,000,000 without reorganization,

Chang

Chinese authority or jurisdiction that is could not continue; for with the opening (Sants, Chingwantao, Woosung) that in the silver market, mainly on account greatly concluded by saying that he now the privilege of every subject of of the new ports and the influx of greater these attempts have been made. Thus, of the heavy stock of silver in the banks found Sir Richard Dane a man of great every Treaty Power, yet, curiously, the numbers of foreigners who were subject | when Santu was first opened (May 9th,

carly developments of the principle wore all of a retrograde nature, and not even in the Treaty “of Nanking, was China's j right to -judge, and punish foreigners according to her own. laws or whims called into question.

that

"Santu

and the dullness of trade. But even the weakness thus caused is nothing compared to that brought about by the failures in Bombay. The magnitude of the latter crisis in Bombay was at first very much | underestimated. But a combination of circumstances, such as the slump in the piece goods trade, the heavy fall in the price of pearls, the large rise in American cotton, and above all the heavy specula- tion consequent upon two years of pros perous trade, and the inevitable reaction, made the position serious indeed.

to nure of the former guarantee require ments and restrictions on residence, there was bound to be a much greater risk of foreigners becoming involved in the meshes of the law, and the few cases that had occurred at Canton were a sufficient warning that the whole effect of opening the ports might be mullified unless acconi- pinnied by extraterritoriality. This was not provided for in the Treaty of Nauking, however; the first Treaty in cluding it is that concluded by the United States at Wanghin, Article XXI. uf which runs: Citizens of the United States,sion of the Consuls of the Treaty Powers."unexpected events. The speculative group

The question of the extent to which China's jurisdiction over Europeans was to be admitted often cropped up in con- nection with the Portuguese ccupation of Macao, and it was at last settled (for the timme) by a convention concluded between the two countries in 1749 after China had overcome Portugal's opposition by the drastic expedient of cutting off all sup-who may commit any crime in China, plies from Macao. Article V. of this shall be subject to be tried and panished convention provided that in cases of only by the Consul, or other public fune homicide the Chinese ofhein: at Casa tionary of the United States thereto Branca (the official in charge of the authorised, according to the laws of the

United States."

This clause is the

(China No. 1, 1900, No, 243.) A protest was of course made to the Tsungli Yamen. and it was pointed out that this extra toll could not be collected without the consent of the corps diplomatique Apart from this protest ever, China must have

ability, that his advice was very valuable and co-operation with him very happy. and that there was no doubt that he, Sir Richard Dane

would successfully introduce effective refortis.-Beuter.

THERASCALS OF SHANGHAL

NOVER RUSE TO DECRIVE PASSENGERS.

Now this has been

INTIMATIONS

RED RASH ON FACE ITCHED AND BURNED

Face Govered With White-headed Pimples Caused Much Pain. Used Cuticura Soap and Ointment. Within Few Days Face Clear.

22. Mildmay St., Flymouth, Eng.-" The first sign of my skin trouble was a lot of red rash which came out on my face and

at night would itch and barn. and I was bound to seratch- the pace and after a little while my face was covered with white beaded pimples which caused me much pain, at night. This lasted two or three months. His time I had been trying dlf- ferent remedios which did not tako mach effect and so I thought I would try some Cuticure Soap and Ointment which I did and after a few wecke nearly all the pleplex were gone, the burning and Itching was stopped, and within a few days my face was clear. I still use Cutietura Soap and have not had any signs of any more pimples yet, and I giro áll this praise to Cuticura (Signed) F. Wanlest. Apr, 10, 1912.

Cuticura Soap la beat for skin and hair boceuse of its cxtreme parity, delicato, yet effective emollient properties and refreshing fragrance. I wears to a wafer and gives comfort and satisfacilon overy moment of Its use, for tilst, hath and nursery. Cuti- cura Boap and Cutleura Olaguent are sold throughout the world. A sample of cach with 32-p, Skin Book free from nearest do- pot. Nowbery & Sons, 27, Chartertow sq., London: K. Tevens & Co, Sydney, N. 9. W.; Lennon, Lid. Capo Town; Muler. Macloan & Co., Calcutta and Bombay: Pot ter Drug & Ohem. Corp., Boston, U. 9. A, Tender-faced men should shave with Cullera Soap Shaving Stick. Sample free.

1895), it was announced that in addition to the regular import and export duties, wharfage dues, at the rate of 2 per cent. of the Customs duties, import and export, will be collected for municipal purposes, the view held by the Imperial Maritime | Customs being

being voluntarily opened to trade by China, the Chinese Government are free to impose

A writer in the Union has something interesting to say regarding the roguery any conditions they please, irrespective

It is evident that, ever since the first practised upon passengers by a certain sét. of Treaty, and it is proposed to vest in bank failure, enormous efforts have been of astute rogues. He writes:--There are Chinese official and the Commissioner made to minimize the crisis. But apecula rascals in Shanghai as there are else- the control of the new port, to the exclation had been so general that such efforts where, but we fancy the local product were fruitless, in face of the number of takes the cake. Our readers probably know that a Chinese Society makes it its had large holdings of silver, both spot and business to stop khlapping and bas agents who visit the steamers and wharves Hence prices have been coming down with for this purpose of finding out people who forward, and had to sell out at any price. a run, until two days ago. Providentially ve stolen children. the Government of India had bought a taken advantage of by rogues, who, on large amount from the group, or else the visiting a steamer a few hours before it is crisis would have been still more serious, leaving, Fossick about till they get hold In China the position is improving, accost the father or mother and tell then: of somebody with a family. Then they

ability to keep down the forces of disorder and that the Police will be informed. improving the Chinese are beginning to This, of course, frightens the parents, who withdraw their deposits from the foreign do not want to lose their passages, so some banks, and the latters' stocks of silver money passes and the rascals go away are being reduced, although as yet not richer than when liey went on board. fast enough. Exports are an unconscion- There is another thing, also a money- ably long time in coming. Still although making business for another set of rascals. they are delayed, and are bound to be less They watch when steamers arrive and as on account of this delay, of drought and the Chinese passengers laud and get out rebellion, exports must come at last. on the street they meet them and compel

Of course the strength in the silver them to accept their services, in providing STERLING market is nowhere near what it was jihrieshas, wheelbarrows or carriages, and expected to be, or what it might have

way, for the Chinese are so stupid or timid that they submit without making any attempt at resisting the imposition.

[49-40

barrier) should go to Macao and sit foundation of extraterritoriality as it is discovered, as soon as it became necessary. With confidence in the Government's they know the children have been stolen MAPFINXWEBD

coroner, and the evidence should then be transmitted to Catton for final judgment. In accordance with this, an Englishman who had killed a Chinese at Macno was in 1773, tried by the Chinese officials and

executed.

The causes which ultimately led to the Treaty provisions for the exclusion of foreigners from Chinese jurisdiction now seem so conspicuous, and the need for such

understood in China to-day, and, though the authors may not have contemplated all the ramifications of the principle, these ratifications can all be shown to be the logical developments of the basal prin- ciple that foreigners were to be punished only in accordance with the laws of their their own nationality. own country administered by an official of

to punish, say, a British subject for non payment of this due, that whatever she might propose, it was the Treaty Powers who disposed.

Without tracing at full length the ramifications of extraterritoriality, enough has been said to show how et as expanded from the crude outline laid down in the Treaty of Wanghia until it protects completely the nationals of the

exclusion so obvious, that it is almost depends on the sanction attached to it-Treaty Powers from all interference from been but for the financial crisis in India; they thus make a nice little income this.

any outside source, including the Inter-Still, we have the reduced output in national Municipal Councils, the foreign Mexico and the Chinese exports to reckon controlled Maritime Customs, and even, rehabilitation of the Indian Specie Bank's upon for the next few weeks. And the

from themselves. (In the Ningpo case, as was exemplified in 1899 at Ningpo, credit cannot fail to make its influence felt on the price of silver-at least until the bank's holdings, cash and forward, are disposed of. The large stock of silver locally will certainly act as a drag. How ever, the position is rather in favour of high exchange in the near future than

therwise

community for Municipal purposes, but were without power to give effect to their own wishes until they were embodied a Que's Regulation.)

evil.

gem.

The validity of any law or regulation difficult to believe that Europeans were content to rest: so long in a position in

on the penalties that will follow breach which they were, liable to become the

of such law or regulation. As no punish victims of all the vagaries of the Chinesement under Chinese Law could be inflicted administration of law-to the impos-Chinese regulations of any kind whatever on foreignors, it followed at once that all sibility of obtaining a fair trial when became dead letters so far as foreigners the representatives of the British com- hribery and intrigue were a recognized. part of the judicial system, when perjury wero concerned Chinese Harbour Regula-munity wished to raise a levy from the was unchecked, when torture was always a tions are thus inoperative until they have possible incident, when legal advice was been declared binding on their nationals impossible to obtain, and when the whole by the Ministers of the Treaty Powers and issue of the case depended upon the arbi until the Ministers have taken steps, in trary decision of an official who, if not the shape of the issue of King's Regula It has also to be pointed out that positively ignorant, could not claim to tions or other appropriate machinery, to though this bighly developed form of lavo the least professional training that give such regulations the fores of national extraterritoriality is the most highly might aid him in estimating the weight low. The same applies also to rules made cherished right of foreigners resident in of evidence and arriving at a correct not by the Chinese Government or Chinese China, and is in the vast majority of conclusion from a mass of conflicting officials, but by foreigners themselves for cases of real advantage, it is not statements; most of which evils, it may their self-government; eg, the bye-laws altogether an unmixed blessing. aad, be remarked, exist in the present day,of the Shanghai Municipal Council do not especially in commercial matters, come notwithstanding all the boasted measures derive their validity cis-à-vis British times introduces irritating complications. of reform. The necessity for exemption subjects from their adoptioir by that The disadvantages consequent en extra. from Chinese law would have borne itself Council, but from the fact that they have territoriality more rarely manifest them- home more forcibly to the merchants been ratified in the appropriate manner selves in the sphere of the criminal law, frequenting Canton in the early days-but under the (British) Order-in-Council yet even here they occasionally appear, for the fact that they rarely if ever found.c., they are valid not quá bye-law of the and that they remain at a minimum is themselves involved therewith, and so long Shanghai Municipal Council, but as a largely due to the superior status of the as the disadvantage romained little more part of the King's Regulation in which averago foreigner in China. One or two than academie, they naturally preferred they are incorporated. The frequency cases have occurred, however, in which not to run the risk of a stoppage of trade, with which the Chinese issue regulations, the existence of extraterritoriality has a weapon to which the Chinese frequently even though they are often of a trivial made it difficult to deal with a recognised resorted and which would certainly have and even innocucus character, which they been their reply to a demand for any, fondly hope will be effective as against

The incident of the "Alhambra " thing approaching extraterritoriality. foreigners, justifies the laying of some ing house at Shanghai is a case in point. In the few serious criminal cases in emphasis on this point: a dog muzzling Of this the author of China As It Really which foreigners were involved as defen. order, for instance, will be ineffective so says: Being outside the settlement, dants the persons concerned were almost far as British subjects were concerned the house did not come under the muni- invariably members of ships crews. Even unless and until there had been issued cipal bye-laws. It was, however, kept by these cases were not numerous : Morse some regulation, having the force of foreigner, against whom proceedings has compiled a list showing some dozen British law, ordering such muzzling.could be taken. The difficulties experi- cases, of homicide or wounding in the Chinese regulations are operative for enced in establishing the ownership, then course of a century. In some of these British subjects only in so far as they the nationality of the owner, and then (eg, that of the American sailor, already have been incorporated into summe King's convincing the Consul concerned of the quoted) the accused was handed over to Regulation or similar instrument.

undesirability of the establishment, were It is especially in connection with extraordinary; inst as the way had been others, the matter was compromised for a municipal taxation that China often tries smoothed, the ownership would pass, and 10 overstep the bounds of extra the whole trouble. would recommence, cash payment; while in one the Chinese agreed that, if the culprit were dis territoriality, but here again the same Eventually all the Consuls gave a blank covered, he should he tried and sentenced reasoning is proof against her subtlest order against the establishment, the in accordance with the laws of England sophistries. The levying of a municipal municipal road leading to it was blocked, In sil there appear to have been four rate is futile without the power to enforce and, finally, the place was raided by the cases in which a European was executed payment, and such power can be derived municipal police and the roulette wheel by the Chinese authorities for what would, only from a corresponding power to inflict | destroyed.” in English law, be regarded as accidental punishment for non-payment, ami it is Another instance of the same sort homicide or at the worst as manslaughter, at this point, that Young China's fine occurred at Shanghai. this year. A raid but these four cases are sufficient to arguments, based on the idea that the by the municipal police resulted in the demonstrate the uncertain position in privileges conferred by extraterritoriality arrest of a couple of dozen frequentera which Europeans stood. in China until must be construed as strictly and of a cock fighting establishment.

:

The extraterritoriality was secured by the narrowly as possible, come to grief prisoners were of half-a-dozen nationali American Treaty of Wanghia. One of though it may often be proved to perfecties, and each was, in the ordinary course these-cases has already been referred to;tion that foreigners · ought to

of events, tried in bis own national court, pay another that will illustrate the dangers municipal taxes in Chinese towns on the

one or two subjects of non-Treaty Powers even in those early days of submitting same footing as their Chinese neighbours being dealt with at the Mixed Court. Europeans to Chinese jurisdiction was the fact remains that (save perhaps in The result was that, for the same offence, that in which a Chinese was accidentally one or two special cases where King's they received widely varying punishments killed by a salute gun fired from a British Regulations have been issued) neither the while in the cam of one nationality it was ship. "The authorities demanded the Chinese officials nor their own Consuls held that cock-fighting was sanctioned by surrender for trial of the man who had possess the power to make them pay the customs of the country and accord fired the gun, but were informed that it (It is interesting to note in passing the ingly no penalty was inflicted. could not be definitely ascertained who strict view on this subject that was held i

(To be Continued.)

the Chinese for trial and sentence; in

TSAR'S NEW HOPE:

INTERESTING ANNOUNCEMENT FROM ST. PETERSBURG,

THE JAPANESE EMPEROR'S CORONATION..

Prince Fushimi, senior, has been appointed Honorary President of the Committee that will make arrangements for the coronation of the Emperor of Japan next year, and Mr. Hara, Minis fer for Home Affairs, has been

appointed President. At

the Premie

of the commit- Count Yamamoto,

of Mained tavo veremonies which will be

! the occasion of

Coronation. One

the

ceremony will be the

official announcement by the

the spirits of his ancestors to the

Emperor to The rumours concerning the health of people of his accession to the throne. the Tsar's only son lend additional in- The other will be the celebration by the

terest to the news, which, it is stated, has just reached the British Court From St. Petersburg to the effect that an addition to the Imperial family may shortly be looked for.

LIMITED.

NEW CONSIGNMENTS

SILVER WARE.

PRINCE'S

PLATE

(GUARANTEED FOR 30 YEARS)..

CUTLERY

From the

SOLE AGENTS ;

& CO.,

ALEXANDRA

BUILDINGS,

CHATER ROAD

Emperor of his formal accession, to the CHS. J. GAUP'P throne in honour of the gods of heaven. and of earth. Although it is neccuvery that these ceremonies should he carried out in accordance with the regulations, For some months, says the Gentle and in a style befitting the standing of woman, the Tsaritsa has been living in the country, nevertheless the Premier retirement at her summer home in Liva-expressed the earnest hope that the dia, where it is understood she will committes would bear in mind the remain until the happy event has taken principle of economy which the Emperor place.

ever desired to observe.--Japan Chronicle. How strong must be the ardent hope that the expected child may be a boy (says the Daily News) is incidentally shown by an article on the Rorganoff Dynasty which appears in a copy of Free Bussin that

Wanted: recently reached Ereland.. an heir to save the dynasty!" is the cry. The article proceeds:

The young Alexis (the Tsarevitel, who is aged nine), suffering from an incurable disease tuberculosis of the bones, it is said-can only be kept alive, the doctors say, for a few months longer."

SAVAGERY AT NANKING.

SOLDIERS EAT MAN'S HEART,

CALDBECK,

It has just transpired that Dai Chi-di, ane of the leaders of the Rebellion under Ho Hai-ming, was executed

week ago at the Men Tung, near the Confucian MACGREGOR&C®. Temple at Nanking. After the rebel was shot his body was opened and the heart removed and cooked, according to the custom made popular by Djau Hsien- shung, of the Ming Dynasty, being then cut in picces which were distributed among the soldiers who performed the execution.

CHANG HSUN'S BIRTHDAY,

THE ABOLITION OF LIKIN.

During a recent meeting of the Cabinet Premier Hsing introduced a bill for discussion with regard to the abolition of the Likin throughout the Republie in

PRESIDENT'S COMPLIMENT. exchange for an increase of the Customs duty The bill was passed by the

November 21st was General Chang Cabinet Ministers, who have now wired to the various Provinces asking for the Hsup's sixtinth birthday. There was final opinions of the Tutuhs and Chief much celebration at Nanking, including Civil Administrators, while at the a reception at the Yamen, in his honour.

Time

tbe

One of President. Yuan Shih-kai's sons both

Walchiaopu and the Shaiwuchu have been was present as a spceiul representative of instructed by the Government to

Government

presented the open the negotiations with the Treaty Powers of President's compliments.

same

China with a view to put the matter into effect as soon as possible. There are still some Provinces grumbling about the abolition of the Likin on the ground that ng the Customs duties are, in the hands

and

NEW VOLUNTEER KIT. The Pioneer says:-The orders recently issued by the Officer Commanding the of foreigners they cannot use the ea Allahabad Volunteer Rifles are interest they please; also their subordinates willing. We simply dare not comment on the lose any lucrative posts in their Pro- new dress, but we mean to be present at the first battalion parade. 471. Dress vinces. It is said that after the abolition of the Likin,

the Government has Oncers. In accordance with the Indian promised to subsidize some of the poorer Army Orders just received, officers will Provinces which depend upon the Likin

no longer wear white collars and black ties ou parade.. Khaki shirts and ties receipts for meeting their administrative expenditure by alte

This seems clear only will be worn, 21** enough, but seemingly to obviate any misunderstanding Battalion Order 172 adde: Company officers will no longer This is wear breeches and gaiters." probably the first stop to convert the Allahabad Corpa into Kiltics.

OIL ON TROUBLED, WAFERS. Sir Edwin Ray Lankester in a letter to the Daily Telegraph, on the seentific aspects of throwing oil on a stormy sea.

A Chinese who had arrived in the attacks the British Government for per mitting passenger ships to go to sea Colony by the Shingo Muru was arrested without an apparatus for this purpose in the West Point district with 150 neglecting in this manner, he says, one rounds of ammunition on him. At the of the simplest precautious for the safety | Magistracy yesterday be was finod at the of passengers.

rate of a dollar a round.

TH

(ESTABLISHED 1664).

THE OLDEST FIRM OF WINE AND:

SPIRIT MERCHANTS IN THE

EAST.

CHAMPAGNES,

SHERRIES,

MADEIRAS,

MARSALAS,

PORTS,

CLARÈTS,

BURGUNDIES.

HOCKS,

MOSELLES.

WHITE WINES.