Directory_and_Chronicle_1940 — Page 165

EXTRATERRITORIALITY

139

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

The Chinese Government has, on several occasions during recent years, pressed the desire that the Powers relinquish the exercise of extraterritorial urisdiction over their citizens In the Note under acknowledgment reference made to the position taken at the Washington Conference. It will be re- alled that, in pursuance of the resolution adopted at that Conference, there as created a Commission to inquire into the present practice of extraterri- rial jurisdiction in China and into the laws and the judicial system and the ethods of judicial administration of China, and that, under date of Sept. nber 16, 1926, that Commission made its report. This report contained an ccount of the conditions then prevailing in the judicial system of China, as ell as a number of recommendations carefully suggested as indicating the hanges and improvements which would be necessary before there would be dequately developed a system of known law and an independent judiciary apable of justly controlling and protecting the lives and property of the tizens of foreign countries doing business in China. Your Government will ecall that the Commission on Extraterritoriality which made these recom- endations was composed of representatives from thirteen countries including oth China and the United States and that its recommendations thoughtfully nd reasonably conceived were unanimously adopted and were signed by all f the Commissioners.

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

It fully appreciates the efforts which are being made in China to assimilate hose western judical principles to which your Government has referred in ts Note, but it would be lacking in sincerity and candour, as well as disre- ardful of its obligations towards its own nationals, if it did not frankly point ut that the recommendations aforesaid have not been substantially carried out nd that there does not exist in China to-day a system of independent Chinese ourts free from extraneous influence which is capable of adequately doing. Justice between Chinese and foreign litigants. My Government believes that ot until these recommendations are fulfilled in far greater measure than is he case to-day will it be possible for American citizens safely to live and do usiness in China and for their property adequately to be protected without he 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 n China. Animated as it is by the most friendly motives and wishing as ar 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

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