793.003/665: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received 6:45 p.m.]
My telegram of May 7.
- 1.
- Following text of article 2 regarding personal status matters has been worked out between Teichman and Hsu Mo. It has been referred to British Government with a recommendation that it be accepted as British Minister believes it will be acceptable to the Chinese.
- 2.
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“Article 2. In all matters of personal status, among which are included all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity, affiliation, adoption, dower, majority, guardianship, trusteeship and interdiction, and in all matters relating to succession whether by will or on intestacy, and to the distribution and winding up of estates and family law in general, English law will be applied by the Chinese courts as regards British subjects in China.
All such cases of personal status where only British subjects are concerned will at the option of the parties concerned be dealt with outside the jurisdiction of the Chinese courts.
- 3.
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British consular officers shall take temporary possession of the estates in China of deceased British subjects. They shall administer the same in all cases where no objection to such administration has been filed by an interested party in writing at a British consular office in China within 90 days after notice of death has been published by the competent consular office. Where such objection is defended the provisions of paragraphs 1 or 2 will apply as the case may be. In cases of intestacy where there is no kin the immovable property of the deceased will be disposed of in accordance with the laws of China.
- 4.
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In all the above-mentioned matters the principles of private international law will be likewise applied by the courts of the United Kingdom as regards Chinese citizens without any discrimination against them as compared with the nationals of any other country.”