Papers relating to the foreign relations of the United States, 1931, The Far East, Volume III

793.003/555

The Japanese Embassy to the Department of State⁵³

undated

The Japanese Government, constant in their sympathy with the aspiration of China for the removal of existing limitation upon her powers of jurisdiction, are ready to cooperate to a rational adjustment compatible with the essential interests of Japan and with the actual conditions prevailing in China. They now desire to propose the following terms as the bases on which extraterritoriality in China is to be abolished.

2. The Extraterritorial privileges now enjoyed by Japan in China shall be relinquished according to a progressive scheme framed with reference to subject-matter, geographical area or other considerations. In the event of such a progressive scheme being adopted, China shall, pari passu with the extent of the progressive relinquishment, take such judicial and administrative measures as will afford sufficient safeguards for the security of the lives and property of Japanese subjects. It is understood that the relinquishment of Extraterritoriality being closely correlated with the opening of the interior, Japanese subjects shall be permitted to enjoy, in the interior of China, rights of residence and trade and the exercise of their private rights concurrently with the progressive relinquishment of extraterritorial privileges.

3. For example,

(A) Upon the lapse of a stated period of time after the promulgation and putting into force by China of codes of laws of primary importance, conformable with the modern concepts of jurisprudence, Japanese subjects shall, in the territory of China, with the exception of certain limited areas of special nature, be amenable to Chinese laws and jurisdiction in civil matters. In view of the consequences of still greater importance involved in the relinquishment of extraterritoriality in criminal matters, the time and extent of such relinquishment shall be determined in full consideration of the judicial and other conditions obtaining in China and especially in the administrative aspects of extraterritoriality.

(B) In regard to the laws and regulations applicable to civil or criminal matters, the organization of the judiciary, judicial procedure, etc., China shall take due and efficient measures to safeguard the security of the lives and property of Japanese subjects.

(C) It is understood that, concurrently with the relinquishment of extraterritoriality in civil matters, Japanese subjects shall be permitted to reside and carry on trades in all parts of the country, and it is further understood that Japanese subjects shall on condition of reciprocity be permitted to acquire and enjoy private rights including private rights in immovable property in those regions in which extraterritoriality in both civil and criminal matters shall have been relinquished.

4. With respect to extraterritoriality and all matters related thereto, Japanese subjects shall in no case be subject to any treatment less favorable than that accorded to the subjects or citizens of any other foreign country.

53. Handed to the Chief of the Division of Far Eastern Affairs by the Counselor of the Japanese Embassy on March 9, 1931.