793.003/532
The Chinese Legation to the Department of State35
Statement
The Chinese Minister has not failed to give his earnest and serious consideration to the observations contained in the Statement of the State Department handed him on February 7, 1931.
He has noted the renewed expression of the sympathy of the American Government with the desire of the Chinese people to bring to an [Page 735] end the extraterritorial system in China and of its wish to make every effort within its power in this regard. He has also observed that the latest proposals of the State Department, as compared with previous ones, represent some advance in the direction of the desires of the Chinese Government.
Nevertheless there is still a considerable gap between the Department’s project and the desires of the Chinese Government. The Chinese Government sees no reason for withholding the transfer of criminal jurisdiction over American nationals in China when civil jurisdiction and police jurisdiction are transferred. The appointment of legal counselors, first suggested by the Chinese Government, must necessarily be made by that Government without restriction of choice as they are its officials; furthermore since they are legal advisers or counselors, it would be detrimental to the independence and dignity of the judiciary if they were to be given, as proposed by the Department, any of the powers and functions of judges. With regard to the proposal that reservation be made of areas where Chinese administrative jurisdiction does not at present apply and of a certain area around Shanghai, the Chinese Minister notes that the Department proposed redrafting of the original article; however, inasmuch as the great majority of American nationals reside in these areas, so that such a reservation would render any transfer of jurisdiction unimportant if not illusory, the Chinese Government desires the suppression of this proposed provision.
These are the main points on which the two Governments at present differ after discussions conducted by the Minister with officials of the State Department for more than two years. At this stage of the discussions, it seems desirable to request a definite statement of the Department’s views on them before proceeding to negotiate on other points.
The Chinese Minister notes the Department’s solicitude for the safeguarding of American interests that “have been built up in China during the past 87 years” and, with that object, for the making of some “transitional arrangement” “to bring about by an evolutionary process the change from the existing system of extraterritorial jurisdiction to the new system under which these interests will be completely subject to the jurisdiction of the Chinese Government.” He permits himself the following remarks.
The abolition of the extraterritorial system, even if brought about immediately, cannot be a sudden surprise to those American interests in view of the well known efforts of the Chinese Government in recent years to that end and the, in any case, approaching extinction of the system by efflux of time. The spychology of American nationals in China,—and the matter seems to be largely if not entirely a psychological [Page 736] one,—would appear to have had time during the recent years by an evolutionary process to undergo a change and be ready to accept the transfer of jurisdiction. Nevertheless the Chinese Government has been prepared to erect in the judicial system of the country certain institutions, such as special chambers for the trial of cases involving American nationals and legal counselors, which are eminently for the purpose of meeting the solicitude of the American Government for a transitional arrangement and the psychology of American interests.
The same reluctance on the part of foreigners living under extraterritorial regime to emerge from it has been observed in the case of other countries; nevertheless the change has been made, sometimes gradually, sometimes abruptly.
It may be said without fear of contradiction that the present state of Chinese laws and judicial system compares favorably with that of many other countries including some where consular jurisdiction does not and has never existed. Nor do the interests in China of those countries which have given up extraterritorial rights compare unfavorably, as regards protection afforded and their condition of growth, with those of the extraterritorial powers.
The Minister, therefore, trusts that the Department will give a sympathetic and favorable reply to the points raised in this Statement so that the discussions so long conducted between the Department and himself may be brought to a speedy and successful termination.
- Statement handed to the Assistant Secretary of State by the Chinese Minister on February 20, 1931.↩