Papers relating to the foreign relations of the United States, 1930, Volume II

793.003/271

The Japanese Embassy to the Department of State⁶²

undated

The Japanese Government fully share the views expressed by various other governments that it is inadvisable to proceed to an immediate and unconditional abolition of the system of extraterritoriality in China. They are satisfied that an abrupt termination of such system without adequate provision for the future would lead not only to confusion in China’s relations with foreign countries but also to equally harmful consequences to China herself. They have, however, on more than one occasion signified their agreement in principle to the removal of existing limitations upon China’s jurisdictional freedom, and they are now ready to propose to the Chinese Government that extraterritoriality should be relinquished according to the progressive scheme outlined hereunder.

2. Upon the lapse of a stated period of time after the promulgation and putting into force by China of codes of law of primary importance, both substantive and adjective, conformable with modern concepts of jurisprudence, Japanese subjects in the territory of China, whether in districts open to foreign trade or not, with the exception of certain limited areas of a special nature, shall, in all civil cases, be amenable to Chinese laws and jurisdiction, subject to the following safeguards:

(a) Cases involving Japanese subjects as plaintiffs or defendants shall be tried and determined in Chinese modern courts through formal procedure and according to modern standards of law, and such courts shall be designated by agreement between Japan and China.

(b) The Chinese Government shall undertake to secure the services of judges of foreign nationality, who are to be authorized to take part in the trial and decision of the cases above defined.

(c) In all civil matters, the system of arbitration shall be generally permitted, and the rules and practice of civil detention shall not be applied to Japanese subjects.

(d) Japanese lawyers and interpreters retained by Japanese parties to the suit shall be allowed to appear in court.

3. It is to be understood that, upon the abolition of extraterritoriality in civil cases, Japanese subjects shall be permitted to reside and carry on trade in all parts of the country.

4. Upon the lapse of a further stated period of time after the termination of extraterritoriality in civil cases, Japanese subjects shall likewise in all criminal cases be amenable to Chinese laws and jurisdiction. Such entire abolition of the extraterritorial regime is predicated upon the assumption that the experience of the administration of justice in China shall in the meantime have proved satisfactory, and that normal conditions of order and progress shall obtain in that country, as in other civilized communities. Accordingly it is to be understood that, upon the complete relinquishment of extraterritorial privileges, Japanese subjects shall be permitted, on condition of reciprocity, to enjoy in all parts of China such private rights as are generally granted to foreigners in other countries, including rights in immovable property.

62. Handed to the Acting Secretary of State by the Japanese Ambassador on February 6, 1930.