Papers Relating to the Foreign Relations of the United States, 1929, Volume II

711.933/224

The Department of State to the Chinese Legation⁴⁸

Proposal

In order to meet so far as possible the objections which have been made to its previous proposals regarding the relinquishment of extraterritorial jurisdiction in China, the American Government makes herewith another proposal along the following lines.

I

Beginning January 1, 1930, definite steps will be taken toward effecting the relinquishment by the United States of its extraterritorial jurisdiction over American citizens in China. As a preliminary measure toward accomplishing this object, the American Government agrees that the necessary steps will be taken by it as soon as possible to the end that American courts in China shall apply to American citizens and corporations those Chinese laws and regulations which have been duly promulgated by the Chinese Government or its administrative sub-divisions and which are effectively and regularly applied in Chinese courts, subject to the provision that if, in the opinion of the American court concerned, the Chinese law or regulation to be applied is contrary and repugnant to modern concepts of jurisprudence, the court shall in lieu thereof apply the law or regulation hitherto applied by it.

II

The present arrangement being designed to apply to a transitional period, a settlement of a more permanent nature shall be negotiated at the time provided for the revision of the treaty between the United States and China of October 8, 1903, as provided in Article XVII of that treaty.

III

Other than as modified by the terms of this agreement, the existing treaties between China and the United States remain in force.

(or)

Nationals of the United States in China shall enjoy rights and treatment not less favorable than the rights and treatment enjoyed in China by nationals of any other foreign country.

[ Washington ,] December 28, 1929.

48. An attached memorandum dated December 30, 1929, by the Chief of the Division of Far Eastern Affairs reads: “A copy of the draft proposal hereto attached was handed to the Chinese Minister by Mr. Hornbeck on December 28, 1929.”