Directory_and_Chronicle_1941 — Page 72

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EXTRATERRITORIALITY

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.

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.

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 &8 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 jurisdiction, or as to both, provided, that such gradual relinquishment pro- ceeds at the same time as steps are taken and improvements are achieved by the Chinese Government in the enactment and effective enforcement of laws based on modern concepts of jurisprudence.

I avail myself of this opportunity to extend to Your Excellency the re- newed assurance of my highest consideration.

(Signed) J. V. A. MACMURRAY.

BRITISH REPLY.

British Legation, Peking, at Peitaiho,

10th August, 1929.

Sir,

I have the honour to acknowledge the receipt of your Note of April 27th in which you inform me of the desire of the National Government of the Re- public of China that the restrictions imposed on the jurisdictional sovereignty of China by the system of extraterritoriality now in force should be removed at the earliest possible date with a view to the assumption of jurisdiction ly China over all nationals in her domain.