793.003/688: Telegram
The Minister in China (Johnson) to the Secretary of State
Your 38 [40], May 12, 5 p.m., to Nanking.
1. Draft of personal status article drafted by Hsu Mo and Teichman is acceptable to Chinese. British Government desire a small change in second paragraph which Teichman is having difficulty getting Chinese to accept. British Government have no objection to paragraph about estates of transients but hesitate to inject it into their draft at this late date.
2. British Minister who has been in Shanghai for a week returned and saw C. T. Wang today with the result that they have agreed upon following texts:
“Article 15. Rights of residence and trade. The existing rights enjoyed in China by subjects of His Majesty to travel, reside, establish firms, open branches, acquire or lease property, work and engage in industry or commerce, shall remain unimpaired.”
British Minister will address a note to the Minister for Foreign Affairs at the time of signing the treaty referring to this article and stating: [Page 855]
“His Majesty’s Government reserve to themselves the right to raise the question of trade and residence throughout the interior of China at such later elate as they may deem appropriate.”
3. “Article 19. Provisions of existing treaties. The provision of the existing treaties between the high contracting parties which are in conflict with the present treaty are hereby abrogated.”
4. “Article 20. Authorized text. The present treaty has been drawn up in Chinese and in English pending the preparation of a French text on which the two high contracting parties will agree as soon as possible and which will be authoritative in case of divergence between the Chinese and English texts.”
5. In addition the following two letters were agreed upon:
“(Notes from Minister for Foreign Affairs to His Britannic Majesty’s Minister)
Sir: With reference to the treaty concluded between us today, I have the honor in reply to Your Excellency’s inquiry to state that the work of compiling the modern Chinese codes and laws has now been completed and that a copy of the Ssu Fa Li Kuei of the National Government issued by the Judicial Yuan containing the texts of all the important codes, laws, ordinances and regulations promulgated down to the present time, a revised edition of which is in course of preparation, will be transmitted to Your Excellency as soon as possible. I have further the honor to inform Your Excellency that, with a view to enabling British and other foreign nationals in China to familiarize themselves with Chinese laws and judicial procedure, translations of the principal Chinese codes, laws, ordinances and regulations are being made and will be placed on sale, such translations being checked by and prepared under the aegis of the competent Department of the Chinese Government. It is of course understood that Chinese is and remains the only authoritative text of Chinese codes, laws, ordinances and regulations.”
“Sir: With reference to the treaty concluded between us today, I have the honor to assure Your Excellency as follows:
Where British subjects are involved in minor incidents or offenses such as infractions of municipal regulations, motorcar cases and so on, the Chinese police will so far as may be practicable assure themselves of the identity of the individuals concerned by taking their names and addresses and will not arrest them or detain them in police stations.
It is understood that the liability of a British subject standing bail for a party involved in court proceedings will in all cases be limited to the amount of actual bail fixed by the court.
The qualifications of British professional men such as doctors, chartered accountants, architects and engineers, will, if necessary, on production of proper evidence including registration with the Chinese Government, where such registration is required by Chinese law, be recognized by the Chinese courts.
In connection with legislation providing for the examination of commercial books and correspondence it is understood that in the [Page 856] case of British firms the certificates of duly qualified chartered accountants will be accepted with a view to dispensing as far as may be practicable with such examination.”
6. The following three additional paragraphs to the (unpublished) agreed minute were also agreed upon.
“Sir Miles Lampson, referring to article 10 of the treaty, assured Dr. Wang that it was to be understood that Chinese citizens in the United Kingdom would enjoy in respect of the matters referred to in the said article the same exemptions as were enjoyed by the subjects or citizens of any other foreign country.
Dr. Wang informed Sir Miles Lampson, with reference to clause 5 of article 5 of the treaty, that it was of course to be understood that the courts would not intentionally discourage such applications by unnecessarily imposing the maximum fine.
Referring to clause 2 of article 14 of the treaty, Dr. Wang assured Sir Miles Lampson that it was to be understood when any such cases were dealt with outside the jurisdiction of the Chinese courts they would be dealt with by the competent courts of His Britannic Majesty.”
7. The discussion came to an end when it reached the question of reserved areas. British Minister left with Dr. Wang the following proposal which Dr. Wang refused even to discuss. Whether or not discussion proceeds farther awaits further instructions from London.
“Article 16. (1) The transfer of jurisdiction over British subjects from the British to the Chinese courts as provided in this treaty shall not apply in areas where Chinese administrative jurisdiction does not apply.
(2) It is agreed that the said transfer of jurisdiction over British subjects from the British to the Chinese courts shall not apply within the municipal areas at Shanghai, Tientsin, Hankow and Canton as shown on the attached maps.
(3) It is further agreed that a joint commission shall be set up on a date to be mutually agreed upon after the entry into force of the present treaty to study insofar as British interests are concerned the problems of the areas specified in paragraph 2 and that subject to the concurrence of other interested governments negotiations on the basis of the recommendations of this commission shall be entered into within a period of 10 years from the date of enforcement of the present treaty.
(4) The jurisdiction of the British courts shall continue unimpaired in the areas specified in paragraph 2.”
- Telegram in three sections.↩