893.00/3820
The Minister in China (
Crane
) to
the Secretary of State
Peking
,
February 24,
1921
.
[Received April 7.]
No. 881
Sir: In further reply to the Department’s
telegraphic instruction No. 401, of December 29, 1920, 4 p.m.,2 and in confirmation of
the Legation’s telegraphic reply No. 12, of January 8, 1921, 3
p.m.,2
[Page 506] relative to the promulgation
of a Presidential Mandate creating a “Commission for Preparation of
Extraterritorial Abolition”, I have the honor to submit herewith a copy
of the original mandate, with translation of same, together with certain
information for the consideration of the Department.
The Legation is informed that the Commission was duly appointed following
the promulgation of the mandate of November 6, 1920, Wang Ch’ung Hui,
Chief Justice of the Supreme Court, being appointed as Chairman, and
Chang I P’eng, Vice Minister of Justice, as Vice Chairman. The creation
of the Commission was in direct answer to the need of a body to consider
definite regulations to govern in the cases of Germans and other
foreigners to whom extraterritorial jurisdiction did not extend, owing
to the absence of treaty provisions, and was also in direct furtherance
of China’s demands at the Peace Conference, relative to the abolition of
extraterritoriality.
The Foreign Office states that at the present time the Commission is
considering general legal matters with particular reference to reform of
the judiciary, and while the matter of the abolition of
extraterritoriality has not particularly engaged the attention of the
Commission, the general trend of the Commission’s activities will be
along lines looking to the recovery by China of the jurisdiction now
held by treaty powers over their nationals in China.
I have [etc.]
[Enclosure—Translation]
Mandate Issued by President Hsu Shih-ch’ang,
November 6, 1920
The Regulations Governing the Commission for the Consideration of
Jurisdiction now having been decided upon, public proclamation is
made by this Mandate.
Seal of the President
(Signed)
-
Premier
—Chin Yun
P’eng
-
Minister of Foreign Affairs
—Yen Hui Ch’ing
-
Minister of Justice
—Tung K’ang
Regulations for the Commission for
the Consideration of Jurisdiction
- 1.
- The Commission for the Consideration of Jurisdiction shall
consider in reference to preparation for the receiving back of
jurisdiction; it shall take necessary steps for this work, as
well as make necessary arrangements for the future.
- 2.
- The Commission for the Consideration of Jurisdiction shall
consist of a Chairman, a Vice Chairman and 16 members.
- 3.
- The Chairman and Vice Chairman shall be especially appointed
by the President (of China).
- 4.
- The members of the commission shall be designated by the
Ministers of Foreign Affairs and Justice, acting together, and
shall be selected from the Ministry for Foreign Affairs, the
Ministry of Justice, or other office, from those having expert
legal knowledge, or from those officials experienced in
diplomatic relations, to act in the capacity (of members of the
Commission). Foreigners employed in any Chinese bureaus may also
be requested to act as members of the Commission.
- 5.
- The subjects which must be discussed by the members of the
Commission are as follows:
- 1.
- Subjects proposed by Minister of Foreign Affairs or
Minister of Justice.
- 2.
- Subjects proposed by Chairman of Commission.
- 3.
- Subjects proposed by members of Commission and
approved by Chairman of Commission.
- 6.
- If there are subjects which demand special investigation, the
Chairman of the Commission may designate certain members of the
Commission to investigate.
- 7.
- When the discussion has been closed, a report must be drawn up
and submitted to the Ministers of Foreign Affairs and Justice,
and after approval by them the report may then be
promulgated.
- 8.
- The Commission for the Consideration of Jurisdiction may
establish a board of directors, the number of which must not
exceed five, who receive orders from the Chairman, and who
control the preparation of the subjects for discussion and who
record the proceedings of the Commission and other matters. The
members of the Board of Directors will be chosen from the
Ministry of Foreign Affairs or the Ministry of Justice by the
Minister of Foreign Affairs and the Minister of Justice.
- 9.
- Neither the Chairman, Vice Chairman, Members, nor Board of
Directors of the Commission for the Consideration of
Jurisdiction will receive salaries.
- 10.
- The Commission for Consideration of Jurisdiction may hire
persons for transcribing and translating documents and for
assistance on various matters and advice.
- 11.
- These regulations will go into effect from the day of
promulgation.
