Directory_and_Chronicle_1934 — Page 204

REORGANIZATION OF THE SHANGHAI

PROVISIONAL COURT

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On May 8, 1929, the Ministry for Foreign Affairs addressed identic notes to the Ministers of Great Britain, The United States, France, Netherlands, Norway and Brazil requesting them forthwith to begin negotiations for the reorganization of the Provisional Court of the Shanghai International Settle- ment. Mr. Oudendijk, the Dutch Minister, on behalf of the interested Powers, replied on June 7, stating that the Court was a strictly local affair, and its reorganization should be examined on behalf of the Legations concerned by a Commission chosen from among their local representatives together with the re- presentatives of the Chinese Government. Dr. C. T. Wang protested on July 3, and insisted on the settlement of the affair directly with the Ministers them- selves. On August 2, Mr. Oudendijk accepted Dr. Wang's proposal.

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Beginning from December 9, 1929, the resultant conference held twenty- eight meetings at Nanking. A draft agreement was drawn up and referred by the Delegates to their respective Governments. On February 17, 1930, the Agreement was signed at Nanking by the representatives of the Ministers of the interested Powers, with the exception of the French delegate Mr. Koechlin, who had not then received the necessary instructions from his Government. The latter's signature was, however, affixed on behalf of the French Minister, at Shanghai, five days later.

The following is the text of the Agreement

Agreement Relating to the Chinese Courts in the International Settle-

ment at Shanghai.

Article I.-From the date on which the present Agreement comes into force, all former rules, agreements, exchange of notes et cetera having special refer- ence to the establishment of a Chinese court in the International Settlement at Shanghai shall be abolished.

Article II.-The Chinese Government shall, in accordance with Chinese laws and regulations relating to the judiciary and subject to the terms of the present Agreement, establish in the International Settlement at Shanghai a District Court (Ti Fang Fa Yuan) and a Branch High Court (Kao Teng Fa Yuen Fen Yuan). All Chinese laws and regulations, substantive as well as procedural, which are now in force, or which may hereafter be duly enacted and promulgated shall be applicable in the Courts, due account being taken of the Land Regulations and Bye-Laws of the International Settlement, which are applicable pending their adoption and promulgation by the Chinese Gov- ernment, and of the terms of the present Agreement,

Judgments, decisions and rulings of the Branch High Court are subject to appeal, according to Chinese law, to the Supreme Court of China.

Article III.--The former practice of consular deputies or consular officials appearing to watch proceedings or to sit jointly in the Chinese Court now functioning in the International Settlement shall be discontinued in the Courts established under the present Agreement.

Article IV. When any person is arrested by the municipal or judicial police he shall, within twenty-four hours, exclusive of holidays, be sent to the Courts established under the present Agreement to be dealt with, failing which he shall be released.