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

793.003/758

Draft of a Treaty Between China and the United States of America, Revised as of July 14, 1931

July 14, 1931

(Tentative and without commitment)

Preamble

The United States of America and the Republic of China, being animated by the desire further to strengthen the bonds of friendship happily existing between them, have resolved to conclude a Treaty for the purpose of readjusting matters relating to jurisdiction in China over nationals of the United States of America, and have appointed as their Plenipotentiaries, that is to say:

The President of the United States of America, . . . . . . . . . .

The President of the National Government of the Republic of China, . . . . . . . . . . who, having duly exchanged their full powers which have been found to be in good and proper form, have agreed as follows:

Article I: Transfer of Jurisdiction

Except as otherwise provided by the present Treaty, nationals of the United States of America shall in China be entitled to the protection, and shall be subject to the jurisdiction, of the Chinese courts, but they shall, under all circumstances, be amenable only to the jurisdiction of the Chinese Modern Courts of Justice (Fa Yuan) and to the duly promulgated laws, ordinances and regulations of the Central, Provincial and Municipal Governments of China.

In cases of offenses under the Police Offenses Code or under Municipal Regulations, nationals of the United States of America shall in China be subject to the jurisdiction of the Police Courts, but in such cases the penalty imposed by the court shall not exceed a fine of fifteen Yuan or, in the event of such fine not being paid, detention at the rate of one day’s detention for each Yuan of the fine imposed up to a maximum of fifteen days.

Article II: Special Chambers

A Special Chamber shall be established, for such period as the Chinese Government may deem appropriate, not less than five years, in each of the District Courts (Ti Fang Fa Yuan) in Harbin, Shenyang (Mukden), Tientsin, Shanghai, Hangkow, Chungking, Canton, Kunming (Yunnanfu), Tsingtao and Foochow and in each of the High Courts (Kao Teng Fa Yuan) having appellate jurisdiction respectively over such courts.

All cases involving nationals of the United States of America as defendants or accused shall in China be tried only before the Special Chambers most accessible to the court within whose jurisdiction the cases originate, except: (1) those on final appeal in the Supreme Court of China; (2) those in which nationals of the United States of America concerned may elect in writing to submit themselves to the jurisdiction of the nearest Modern Court of Justice (Fa Yuan) to which no Special Chamber is attached; and (3) those which fall within the jurisdiction of the Police Courts of China as provided in Article I of the present Treaty.

Article III: Legal Counselors

The Government of China agrees to take into its service for such period as it may deem appropriate, not less than five years, such number of Legal Counselors as it may consider necessary, who shall be selected and appointed as officials of China from among foreign legal experts of high moral character who possess the training, qualifications and practical experience necessary for appointment to judicial offices, and who shall be attached to the Special Chambers. Their names will be communicated by the Government of China to the Government of the United States of America.

The Legal Counselors shall remain in office at the pleasure of the Chinese Government unless dismissed for cause duly shown, and they shall otherwise receive the consideration and respect due to the dignity of their office.

A Legal Counselor need not permanently reside at the place in which the Special Chamber of the court to which he is assigned is established and there shall be a flexible and practicable system of administration of assignments in order to ensure efficiency in the use of the services of the Legal Counselors.

The Legal Counselors shall serve under the Ministry of Justice and shall be deputed by the Minister of Justice to be present during hearings before the procurator, judge or judges of the Special Chambers of the District or High Courts in all cases involving nationals of the United States of America as defendants or accused. It shall be the duty of the Legal Counselors in these cases to observe the workings of the Special Chambers. They shall be given access to the files of the proceedings and may present their views in writing to the procurator, judge or judges who shall give due consideration to the views thus expressed. Adequate arrangements shall be made for interpreting in order to enable the Legal Counselors to follow and to observe the proceedings in court. The Legal Counselors shall forward to the Minister of Justice such reports as they may consider necessary and copies of these reports shall upon request be immediately furnished by the Legal Counselors to the Minister of the United States of America in China.

In addition, the Legal Counselors shall be authorized to receive directly, from any of the interested parties to an action in any Chinese court involving nationals of the United States of America, or from their counsel, observations in regard to the administration of justice, the execution of judgments, or the manner of the application of laws, and, at the request of the interested parties, shall bring such observations to the notice of the Minister of Justice with a view to ensuring the observance of Chinese laws. Copies of such observations shall likewise be furnished by the Legal Counselors to the Minister of the United States of America in China upon request.

Similarly, the Legal Counselors shall be authorized to receive such observations or complaints as may be caused by domiciliary visits, expropriations, requisitions, arrests, bail, detention and imprisonment, which observations or complaints shall be dealt with in like manner. Immediately following any domiciliary visit, search or arrest directly affecting nationals of the United States of America in any judicial district, the local authorities shall notify the Legal Counselor most accessible in point of time.

When nationals of the United States of America, involved as defendants or accused, are tried before the Special Chambers of the District or High Courts, judgment shall be reserved until the foreign Legal Counselor shall have made, within three days after the conclusion of the trial, such observations, as he may desire to the procurator, judge or judges. In the event of these officers failing to give these observations due consideration, execution of the judgment will be suspended until the observations of the Legal Counselor shall have been considered by the Ministry of Justice which will take such action as it deems necessary in the interests of justice.

Any of the Chinese courts referred to in Article II may begin to exercise jurisdiction over nationals of the United States of America when the Special Chambers therein provided for shall have been organized and the Legal Counselors shall have been appointed and installed in office as provided in this Article.

Article IV: Lawyers and Interpreters

Nationals of the United States of America appearing before Chinese courts may employ duly qualified lawyers of Chinese or American or any other foreign nationality, registered as such with the Chinese Government, and such lawyers, if of American or other foreign nationality, shall have the same rights and privileges as Chinese lawyers appearing before the court, and shall be subject, in all respects, to the same laws and regulations which govern Chinese lawyers. Nationals of the United States of America may also be entitled to employ duly qualified interpreters of whatever nationality.

Hearings shall be in the Chinese language but the court shall take measures to ensure an understanding of the proceedings by all parties and have the assistance of competent interpreters if necessary.

Nationals of the United States of America, parties to a suit or persons authorized by them may, upon payment of the usual official fees, obtain certified copies of the evidence and judgment in such suit, and arrangements will, if necessary and where possible, be made for supplying on application and on payment of the appropriate fees translations of such documents.

In all judicial proceedings in which nationals of the United States of America are summoned to appear as parties or witnesses, and in all court processes directly concerning such nationals, their names will, in order to avoid mistake and misunderstanding, be added in English to the Chinese texts of the summonses, orders, or other court processes.

Article V: Arrests, Imprisonment, Detention and Bail

Except in cases flagrante delicto, nationals of the United States of America shall only be arrested, detained or imprisoned upon orders formally issued by a Modern Court of Justice specifically stating the legal grounds on which and the offense for which action is authorized. They shall, within twenty-four hours after arrest, exclusive of legal holidays, be brought for hearing before the nearest Modern Court of Justice competent to deal with the case. If there is no such Modern Court of Justice which can be reached in that space of time, nationals of the United States of America thus arrested shall be brought, with the least possible delay, before the nearest competent Modern Court of Justice.

Nationals of the United States of America under detention or under sentence of imprisonment shall only be detained or imprisoned in modern detention houses or modern prisons or in other premises suitable for their detention or imprisonment, provided that those under sentence of imprisonment for a term of five or more years shall be imprisoned only in modern prisons situated at places where Special Chambers are established.

Nationals of the United States of America arrested, detained or imprisoned shall be permitted to communicate with the nearest consular officer of the United States of America, and they shall be afforded all possible facilities to that end. Consular Officers of the United States of America or their representatives shall be permitted to visit nationals of the United States of America under arrest, detention or imprisonment at all reasonable times.

If a national of the United States of America charged with any offense, the maximum penalty for which does not exceed (1) imprisonment for six months or (2) imprisonment for one year, makes application before sentence is pronounced for the imposition of a fine instead of imprisonment, the court shall grant such application. The amount of the fine imposed shall be in accordance with the provisions of Chinese law, if such provisions exist, but in no case shall it exceed in the case of (1) a maximum of one thousand Yuan and in the case of (2) three thousand Yuan.

Unless the court has reasonable and good grounds to believe that nationals of the United States of America who may be arrested or detained will flee from justice if application for bail be granted, such nationals shall be granted immediate release on bail upon application therefor, except when such nationals have been duly charged according to law with the commission of a crime or crimes punishable by death or imprisonment for life, in which cases bail may be granted or denied in the discretion of the court. The amount of bail shall be reasonably proportionate to the offense alleged. Such facilities for release on bail shall be granted to appellants until the sentence of the final Appellate Court is given.

Nationals of the United States of America shall not be subject to imprisonment for debt. If, however, it is shown that a debtor is taking action which will render execution on his goods in China impossible, or if execution cannot be safeguarded by any other means, he may be detained in the manner provided for such cases by Chinese law, in which case the provisions of the second and third paragraphs of this Article shall apply.

Except in such cases as must in accordance with Chinese law be heard in camera, all hearings of cases involving nationals of the United States of America shall be open to the public.

Article VI: Taxation

Nationals of the United States of America shall be liable for the payment of such non-discriminatory Chinese taxation as may be actually paid by all nationals of China who are liable therefor and as may be authorized under legally enacted and duly promulgated laws, ordinances and regulations of the Central, Provincial and Municipal Governments of China.

Nationals of the United States of America shall be protected against taxation without legal sanction and against irregular or discriminatory methods of assessing or levying taxation, and such legal taxation as is properly payable by nationals of the United States of America shall be enforced against them by no other process than that of action in the competent Chinese Modern Courts of Justice.

Municipal taxation shall be imposed upon nationals of the United States of America only in accordance with duly authorized municipal regulations sanctioned by the Central or Provincial Government of China. The proceeds of such municipal taxation shall in general only be expended on relevant purposes within the municipal area in question.

No methods of assessing liability to taxation shall be employed except those prescribed by duly promulgated laws, ordinances and regulations of China. In cases of disputed assessment, the party or parties concerned shall be entitled to have their liability and the amount thereof determined by the nearest Modern Court of Justice.

Tax agreements entered into with nationals of the United States of America in their several capacities as individuals, companies, firms, or partnerships shall be duly respected.

Article VII: Arbitration

The Chinese Courts of Justice shall recognize and, if necessary, enforce the performance of agreements wherever entered into by nationals of the United States of America between one another, or with other foreign nationals, or with nationals of China, for the settlement of civil or commercial controversies by arbitration. The arbitrators selected by the parties in accordance with such agreements may be of any nationality.

The arbitration shall be conducted in accordance with the procedure established in the jurisdiction where the arbitrators meet.

The Chinese Courts of Justice shall not entertain any application or claim the subject matter of which falls within the scope of such an agreement for arbitration, but will enforce awards made in pursuance thereof, unless the award is contrary to public order or good morals or is vitiated on other grounds recognized by the general principles of law as understood in modern jurisprudence.

The above provisions shall apply reciprocally to agreements for arbitration entered into by nationals of China and the enforcement of awards made in pursuance thereof by the United States Courts.

Article VIII: Rights in Immovable Property

All rights in immovable property in China held by nationals of the United States of America shall, subject to the exercise of the right of eminent domain by the Chinese Government, be recognized as valid and remain undisturbed.

The property in China, movable or immovable, of nationals of the United States of America shall not be expropriated or requisitioned except for reasons of public interest recognized by law as such and only after adequate compensation has been paid. Any dispute regarding the amount of compensation to be paid shall be determined by reference to the competent administrative organ or the nearest Modern Court of Justice at the option of the nationals of the United States of America concerned.

Article IX: Search of Premises

The public buildings and private residences in China of nationals of the United States of America, and their warehouses, business premises and factories, together with accessory articles and properties, shall be respected and shall not be subjected to any occupation, search or inspection; and the books and correspondence relating to their commercial transactions shall not be examined except as specifically provided for in non-discriminatory legislation, legally enacted and duly promulgated. Premises in China occupied by nationals of the United States of America shall not be forcibly entered except (1) upon warrants formally issued by the Modern Courts of Justice, stating the legal grounds on which action is authorized, or (2) in cases flagrante delicto.

Article X: Military Service and Forced Loans

Nationals of the United States of America in China shall not be subject to any form of military service, or to any tax or levy imposed as substitute for military service, or to military requisitions or contributions of any kind, nor shall they, directly or indirectly, be liable to or be compelled to subscribe to public loans or any other form of forced levy. Reciprocally, nationals of China shall enjoy in the United States of America similar exemptions in relation to all of the above matters.

Article XI: Shipping

Commercial vessels of nationals of the United States of America in Chinese ports or waters shall comply with such non-discriminatory and legally enacted and duly promulgated Chinese regulations as are applicable to all commercial vessels. They shall not be subject to any form of commandeering or requisition, nor shall they be compelled to carry Chinese troops or Chinese military supplies. Such vessels shall not be inspected, searched, boarded, or subjected to any kind of restraint by Chinese military forces except in the case of special emergency and only after due notification to and by arrangement with the captain or with the officer in charge of the vessel. They may not be boarded by Chinese police nor may any person be arrested on board any such vessel except upon a warrant formally issued by a Modern Court of Justice specifically stating the legal grounds on which action is authorized. In the absence of such a warrant, Chinese police may only board the vessel in case of special emergency and only after due notification to and by arrangement with the captain or with the officer in charge of the vessel. In general the treatment accorded to commercial vessels of nationals of the United States of America shall be in conformity with that accorded under recognized international practice by maritime nations to vessels of other countries in their ports or waters. The present authority of the Chinese Maritime Customs with respect to commercial vessels of nationals of the United States of America, including authority to search such vessels for the prevention of fraud or smuggling, shall remain unimpaired.

Article XII: Companies

Companies, firms, partnerships, corporations or philanthropic institutions incorporated or organized in accordance with applicable federal or state laws of the United States of America or of its territorial possessions and operating in China shall, provided they comply with Chinese laws relating to registration of such organizations, be entitled to all the rights and privileges enjoyed by nationals of the United States of America under the present Treaty. Such companies, firms, partnerships, corporations or philanthropic institutions, and their branches, agencies or representatives shall not be subject to discriminatory treatment, and, as regards national, provincial and municipal taxation, shall only be taxed in proportion to the amount of capital actually employed in China, in the province, or in the municipality, respectively, or in respect of profits and revenues which they have actually earned in China, in the province, or in the municipality, respectively.

Reciprocally, companies, firms, partnerships, corporations or philanthropic institutions incorporated or organized in accordance with applicable laws of China and operating in the United States of America shall enjoy, with regard to taxation and the right to carry on trade and access to the courts, treatment not less favorable than that enjoyed by companies, firms, partnerships, corporations or philanthropic institutions of the most-favored foreign country.

Article XIII: Pending Cases

Cases terminated in the courts of the United States of America in China prior to the coming into force of the present Treaty shall not be reopened, and all final judgments or decisions rendered in such cases shall, if necessary, be executed in any part of China by the Chinese judicial authorities.

Cases pending before the courts of the United States of America in China at the time of the coming into force of the present Treaty shall continue until judgment is pronounced in the said courts, the jurisdiction of which shall remain in full force for this purpose; and the Chinese authorities shall lend any assistance requested by the authorities of the United States of America in this connection. Such cases shall be disposed of and wound up within a period of six months from the date of the coming into force of the present Treaty, upon the expiration of which period all cases still pending shall either be dismissed or be turned over for adjudication to the Chinese courts which would otherwise have jurisdiction under the provisions of the present Treaty.

It is understood that after the coming into force of the present Treaty, no action against nationals of the United States of America shall be entertained by the competent Chinese courts in respect of acts which took place prior to that date, for which they were not liable according to the laws of the United States of America but for which they might be liable according to the laws of China.

Article XIV: Personal Status Matters

In all matters of personal status, among which are included all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity, affiliation, adoption, capacity, 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, the applicable laws of the United States of America shall be applied by the Chinese courts as regards nationals of the United States of America in China.

All such cases of personal status where only nationals of the United States of America are concerned shall at the option of the parties concerned be dealt with outside the jurisdiction of the Chinese courts.

Consular officers of the United States of America shall take temporary possession of the estates in China of deceased nationals of the United States of America. 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 consular office of the United States of America in China within ninety days after notice of death has been published by the competent consular office. Where such objection is defended, the provisions of paragraphs one or two, as the case may be, shall apply. In cases of intestacy where there is no kin the immovable property of the deceased shall be disposed of in accordance with the laws of China.

The personal effects left behind by nationals of the United States of America who die on the high seas or when passing through China without having there any regular domicile or permanent residence shall be handed over to or be taken possession of by the nearest consular representative of the United States of America, who shall be entitled to dispose of the same in accordance with the laws of the United States of America without any interference by the Chinese authorities.

Article XV: Rights of Residence and Trade

The existing rights enjoyed in China by nationals of the United States of America to travel, to reside, to establish firms, to open branches, to acquire or lease property, and to work or engage in industry or trade, shall remain unimpaired.

Article XVI: Excluded Areas

(Blank)

Article XVII: Definition of the Expressions—“Nationals of the United States of America” and “Nationals of China”

The expression “nationals of the United States of America” used in the present Treaty shall be deemed to include both citizens of the United States of America and citizens of its territorial possessions; and likewise the expression “nationals of China” shall be deemed to include both citizens of China and citizens of its territorial possessions.

Article XVIII: Non-Discriminatory Treatment

In all matters for which provision is made in the present Treaty, nationals of the United States of America shall be accorded in China treatment in no way discriminatory as compared with the treatment accorded to the nationals of any other country in China.

Article XIX: Provisions of Existing Treaties

Except as otherwise provided in the present Treaty, the provisions of existing treaties between the two High Contracting Parties which are superseded by the provisions of the present Treaty are hereby abrogated.

Article XX: Authorized Text

The present Treaty has been drawn up in the Chinese and English languages, and these two texts shall have equal force. There shall be prepared as soon as possible a French text on which the High Contracting Parties shall agree, and that text, when adopted, shall, in case of dispute between the Chinese and the English texts, be authoritative.

Article XXI: Duration

Except as otherwise provided in Articles II, III and XVI, the present Treaty shall be binding for a period of ten years from the date of its coming into force.

Either of the High Contracting Parties may within twelve months before the expiration of the said period of ten years demand that the provisions of the present Treaty be revised and/or extended. Negotiations shall thereupon be entered into for the purpose of effecting such revision and/or extension. If within this period of twelve months no agreement is reached in regard to such revision and/or extension, the present Treaty shall become upon its expiration null and void.

Article XXII: Ratification

The present Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods.

The ratifications shall be exchanged at . . . . . .

The present Treaty shall come into force as soon as the ratifications shall have been exchanged.

In faith, whereof, the Plenipotentiaries named in the Preamble have signed the present Treaty and affixed thereto their seals.

Done at . . . . . , the . . . . . day of . . . . . month of the . . . . . year of the Republic of China, corresponding to the . . . . . day of . . . . . , 1931.

(Signed) American Representative
(Signed) Chinese Representative

declaration

With reference to the Treaty concluded today between the Republic of China and the United States of America, I have the honor to declare on behalf of my Government as follows:

1. Protection of the Courts: The Chinese courts will ensure to the persons and property of nationals of the United States of America in China due protection in accordance with international law and the general practice of nations.

2. Personnel of the Special Chambers: The President of the court to which a Special Chamber is attached will be concurrently the chief judge of that Special Chamber, and the other judge or judges of the Special Chamber as well as its procurator or procurators will be legal scholars with a broad knowledge of the general concepts of modern jurisprudence and with practical legal or judicial experience. Their names, ranks, and salaries, will be made known to the public, and they will not be removed from office without cause.

3. Legal Counselors: The Legal Counselors will be engaged and employed by the Chinese Government under contracts specifying in detail the duration and the terms of their service, including in the case of each foreign Legal Counselor total annual emoluments of not less than dollars fourteen thousand five hundred United States currency, to be paid in quarterly instalments, the said quarterly instalments to be deposited in such bank or banks as the Legal Counselor concerned may indicate six months in advance of the date when such instalments fall due.

Among the corps of Legal Counselors, there will also be included one Legal Counselor of Chinese nationality who will be similarly selected and appointed from among Chinese legal experts possessing similar training, qualifications, and experience and will have the same functions as the foreign Legal Counselors.

4. Publication of Codes: The work of compiling the modern Chinese codes and laws has now been completed and a copy of the Ssu Fa Li Kuei of the National Government issued by the Judicial Yuan which contains the texts of all the important codes, laws, ordinances and regulations promulgated up to the present time, a revised edition of which is in course of preparation, will be transmitted to the Government of the United States of America as soon as possible. With a view to enabling nationals of the United States of America 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 prepared under the direction of the competent Department of the Chinese Government. Of course, the Chinese text is and remains the only authoritative text of Chinese codes, laws, ordinances and regulations.

(Signed) Chinese Representative

joint declaration

With reference to the Treaty concluded today between the United States of America and the Republic of China, the undersigned have the honor to declare on behalf of their respective Governments, as follows:

1. Mutual Relations of Courts: In the interest of justice, it is agreed that the respective courts of China and of the United States of America will, upon request, render mutual assistance to each other in respect to the service of judicial processes, the execution of judgments, the execution of letters rogatory, commissions to take testimony, and the extradition of offenders, in so far as these requests are in conformity with international practice and with the laws of the country of the court upon which the request is made.

2. Rights and Privileges of Consular Officers: Pending the coming into force of a consular convention between China and the United States of America, the rights and privileges of the consular officers of China in the United States of America and of the consular officers of the United States of America in China (except the right of extraterritorial jurisdiction over nationals of the United States of America in those areas where the extraterritorial rights of the United States of America have been surrendered), as defined in the existing treaties between the two countries, shall remain in force, provided that the treatment accorded by either country to such officers of the other shall not be less favorable than that accorded to similar officers of the foreign country most favored in this respect.

(Signed) American Representative
(Signed) Chinese Representative

exchange of notes between the american representative and the chinese representative

Excellency: With reference to the Treaty concluded today between the United States of America and the Republic of China, I have the honor to request that Your Excellency be good enough to confirm my understanding as follows:

1. Lawyers: Duly qualified American lawyers appearing on behalf of nationals of the United States of America in the Chinese courts shall not be required to have a knowledge of the Chinese language or to possess diplomas of Chinese law schools.

2. Rights in Immovable Property: All legal Chinese land transfer fees leviable under regular Chinese legislation shall be paid by nationals of the United States of America on account of land transactions effected after the date of the coming into force of the present Treaty; but no demand shall be made by the Chinese authorities for the payment of such transfer fees on the transfer of land to or from nationals of the United States of America which transfers were made prior to the date of the coming into force of the present Treaty, and rights in immovable property held by nationals of the United States of America shall not be impaired on account of the non-payment of such transfer fees in the past.

Rights in immovable property in China now held by nationals of the United States of America shall not be impaired except upon legal grounds as a result of a decision rendered by a Modern Court of Justice, but nationals of the United States of America shall comply with the laws of China in regard to such property. In reaching their decisions in such cases, the Chinese courts shall take into consideration the treaty provisions, and the laws, customs, and practices in various parts of China which existed at the time when such property rights were acquired.

Existing rights of nationals of the United States of America to acquire, hold, and freely dispose of and transfer their rights in immovable property in accordance with Chinese laws shall remain unimpaired.

3. Minor Offenses: Where nationals of the United States of America are involved in minor incidents or offenses such as infractions of municipal regulations—including motor car cases and similar cases—the Chinese police shall so far as may be practicable assure themselves of the identity of the individuals concerned by taking their names and addresses and shall not arrest them or detain them in police stations.

4. Bail: It is understood that the liability of a national of the United States of America standing bail for a party involved in court proceedings shall in all cases be limited to the amount of actual bail fixed by the courts.

5. Recognition of Professional Men: The qualifications of American professional men such as doctors, chartered accountants, architects and engineers, shall, 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.

6. Examination of Commercial Books and Correspondence: In connection with legislation providing for the examination of commercial books and correspondence it is understood that in the case of American firms the certificates of duly qualified chartered accountants shall be accepted with a view to dispensing with, as far as may be practicable, such examination.

7. Payment of Fines in Lieu of Detention and Imprisonment: The Chinese courts shall not intentionally discourage applications for payment of fines in lieu of detention and imprisonment made in accordance with the provisions of paragraph four of Article V of the Treaty by unnecessarily imposing the maximum fine.

8. Courts Outside of China Competent to Try Personal Status Cases: With reference to clause two of Article XIV, in regard to personal status matters, it is understood that when such cases arise which are to be dealt with outside the jurisdiction of the Chinese courts, they shall be dealt with by the competent courts of the United States of America.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Signed) American Representative

Reply of the Chinese Representative

Excellency: I have the honor to acknowledge the receipt of Your Excellency’s note of today’s date referring to the Treaty concluded today between the Republic of China and the United States of America in which you request my confirmation of your understanding as follows:

(Right points to be quoted in full.)

I hereby confirm your understanding quoted above as correct.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Signed) Chinese Representative

note of the chinese representative to the american representative regarding legal counselors

Excellency: With reference to the arrangements made in Article III of the Treaty concluded today between the Republic of China and the United States of America providing for the employment of foreign Legal Counselors, I have the honor to state that it is the intention of the Chinese Government to engage the services of at least one Legal Counselor of American nationality.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Signed) Chinese Representative

note from american representative to chinese representative

Excellency: With reference to Article XIV of the Treaty concluded today between the United States of America and the Republic of China, I have the honor to state that the Government of the United States of America reserves to itself the right to raise the question of trade and residence throughout the interior of China at such later date as it may deem appropriate.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

(Signed) American Representative