Directory_and_Chronicle_1937 — Page 167

EXTRATERRITORIALITY

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My Government has instructed me to say that the statement of the Minister of Foreign Affairs of China, telegraphed to the press of the United States on July 26th, to the effect that "all foreign interests in China purely for legitimate purposes will be duly respected" has been noted by it with pleasure as indicating that the Government of China has not failed to appre- ciate the value to its foreign relations of the factors above mentioned. My Government bids me add that it is therefore persuaded that the Government of China will concur in its belief based as it is upon the facts set forth in succeeding paragraphs, that the sudden abolition of the system of protection by its extraterritorial courts in the face of conditions prevailing in China to-day would in effect expose the property of American citizens to danger of unlawful seizure and place in jeopardy the liberty of the persons of American citizens.

The Chinese Government has, on several occasions during recent years, expressed the desire that the Powers relinquish the exercise of extraterritorial jurisdiction over their citizens In the Note under acknowledgment reference is made to the position taken at the Washington Conference. It will be re- called that, in pursuance of the resolution adopted at that Conference, there was created a Commission to inquire into the present practice of extraterri- torial jurisdiction in China and into the laws and the judicial system and the methods of judicial administration of China, and that, under date of Sept. ember 16, 1926, that Commission made its report. This report contained an account of the conditions then prevailing in the judicial system of China, as well as a number of recommendations carefully suggested as indicating the changes and improvements which would be necessary before there would be adequately developed a system of known law and an independent judiciary capable of justly controlling and protecting the lives and property of the citizens of foreign countries doing business in China. Your Government will recall that the Commission on Extraterritoriality which made these recom- mendations was composed of representatives from thirteen countries including both China and the United States and that its recommendations thoughtfully and reasonably conceived were unanimously adopted and were signed by all of the Commissioners.

V

Because of its friendship for the Chinese people and its desire, to which allusion has been already made, to relinquish as soon as possible extraterri- torial jurisdiction over its own citizens in China, my Government has followed with attentive consideration this entire subject, including particularly the progress which has been made in carrying out its recommendations since the rendition of this report.

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It fully appreciates the efforts which are being made in China to assimilate those western judical principles to which your Government has referred in its Note, but it would be lacking in sincerity and candour, as well as disre- gardful of its obligations towards its own nationals, if it did not frankly point out that the recommendations aforesaid have not been substantially carried out and that there does not exist in China to-day a system of independent Chinese courts free from extraneous influence which is capable of adequately doing justice between Chinese and foreign litigants. My Government believes that not until these recommendations are fulfilled in far greater measure than is the case to-day will it be possible for American citizens safely to live and do business in China and for their property adequately to be protected without the intervention of the consular courts.

In conclusion, iny Government has directed me to state that it observes with attentive and sympathetic interest the changes which are taking place in China. Animated as it is by the most friendly motives and wishing as far as lies within Government power to be helpful, the American Government would be ready, if the suggestion should meet with the approval of the Chinese Government, to participate in negotiations which would have as their object the devising of a method for the gradual relinquishment of extraterritorial rights, either as to designated territorial areas, or as to particular kinds of