The Archive · 1930

Extraterritoriality

In particular, the death of Mx. Saburi who as the Japanese Minister had been loyally and conscienviously executing the policy, of the Government in the interest friendly relations between Japan and) China has caused a most unexpected hitch in our programme. In spite of these incident early adjustment of the question of treaty rovition has at all tim been engaging our serious attention, Of the so-called "unequal which relates to extraterrito forms @ most important objective of the present popular agitation. Our position in this matter throughout been governed by the Nine of policy enunciated above.

"That China alone of all nations 4s to-day denied the exercise jurisdiction over foreigners within her own territory is indeed an anomaly, It is, however, wide of the mark to ascribe the' cause of such an anomaly to the sheer conservatism of any" Power. It carnot be denied that hitherto China's judielat system has Iaboured under many serious defects such for instance as its lack of independence from the interference of the administrative and military authorities and the absence basic laws regulating the rights and obligations of individuals.

true that various codes of fe recently been promulgate: ed or are about to be promulgated ut in view of their far-reaching importance it will be readily con-coded that before they are put. in operation a suitable period of time should intervene. These practical considerations have naturally deferred the Governments of the countries having important _interests at stake from acquiescing In an immediate abolition of extraterritoriality. A satisfactory sottlement of this question can be attain ed only through friendly negotiation and understanding between China and the Powers concerned. In fact these Powers have one' and all declared themselves ready to enter into negotiations with China to bring about the desired adjustment, The National Government, however, in its mandate of December Jast proclaimed as follows the purpose of restoring her] (China's) inherent jurisdictional sovercixnty, it is hereby declared and determined that on ang after January 1, 1930, all foreigners in the territory of China who are now fin the enjoyment of extraterritorial privileges shall abide by the laws, ordinances and regulations duly promulgated by the Central and local Governments of China." The Executive Yuan and the Judi. cial Yuan are hereby ordered to instruct the ministries concerned to, prepare as soon as possible a scheme for the dae execution of this Mandate and 4o submit it to the Legislative Yuan for examination and deliberation with a view to its promulgation and enforce. ment.

Mandate Not Communicated As a matter of principle the proposals for the abolition of the system of extraterritoriality in China have met with no opposition from any of the Powers concerned since the time of the Washington Conference.

"It is however self-evident that the method and process of its abolition should be determined" in common accord by China and the Treaty Powers. That, point is moreover made abundantly clear both in the Washington—resolution itself and in the report of the Commis sion.on Extraterritoriality of 1926 which was signed by the: Chinese Commissioner along with colleagues from the other coun concerned. The Mandate of December 28 has not been formally com: muricated to any. foreign Government nor does it seem to be Sufficiently explicit in meaning.

"At any rate, I can hardly bring' myself to the conclusion that the Chinese Government in issuing such Mandate had in mind. a policy subversive of the laws and usages of international intercourse. point of fact, neither Japanese nor other foreigners in China who have hitherto enjoyed extraterritorial privileges have as yet been subjected to the exercise of Chiness jurisdiction.

A brief reference ¢o the recent complication between China and the Soviet Union concerning the question of the Chinese Eastern Railway may not be out of place here. Te is not for us to examine the merits of that dispute. We are, however, specially interested in the maintenance of peace in this part of the world. We could not but 'View with grave concern the developments of the situation following' the rupture of diplomatic relations Detween our two neighbours which {took place in July-of last year Which might have drifted into a state of war. On July 19, the Ambassador of.the Soviet Union called at the Foreign Office to {inform me of the severance of relations with China. Availing myself of that occasion, I orally invited the attention of his Gorernment to the provisions of the Treaty of Paris for the renunciation of war and expressed a strong hope for the settlement of the controversy by all peaceful moaria. Similar expression was. also conveyed to the Chinese Minister whom saw on the same day.

"Being persuaded that direct negotiations between the parties in dispute could alone lead to a satisfactory adjustment of the question, Tmade it a point, as far as I could properly do so, to bring about th mutual @pprochement. With that end in view T constantly kept in touch with their respective repre: sentatives in Tokyo and on several occasions, T-spoke my mind freely and informally both to the Soviet Ambassador and to the Chinese Minister and asked them for formation. In all cases, we ha consistently maintained, Tam confident, that both the Nanking and Moscow Governments fully recognize the singleness of mind and of purpose with which we have all along looked forward to a pacific solution of the differences between them.

The American Note "Towards the latter part of! November last when the military:

nation around Manchuli assumed threatening aspect Government of the United States addressed a formal communication separately to the Chinese and Russian Governments calling the serious attention of those Governments to the provisions of the Kellogg Treaty and atthe same time suggested to all the countries signatory to the treaty that they should take a similar action. It is perfectly natural that America as the initia for of the treaty, should feel called upon to take such an action and we fully appreciated the motives by which it was prompted. We on solves would be unable to remain a jctator if this treaty on which the ink is searcely yet dry were intact to be reduced to a dead letter.

"Having, however, been in close contact with the Governments of, China and of the Soviet Union in this matter we felt that at least the time was not yet ripe for a formal] demarche of the mature proposed. Moreover, Japan maintains normal diplomatic relations with the Soviet Union as well as with China.

Should we find ourselves unavoidably drawn into a discussion wi the Russian and the Chinese Governments on the merits and demerits of the issues raised, we might be eventually constrained to proceed to further action in regard to one or both of the two parties in dispute in order to make our demarche effective. It was due to these considerations that we did not feel at! liberty to act at once upon the American suggestion.

rect negotiations have since been opened between the two Government resulting in a preliminary agreement. It is now und stood that a formal conference shortly to be held in Moscow. We! sincerely "congratulate the two] ration upon this happy issue. In passing, I may here refer to the in-Juries sustained by certain Japanese in the district affected. Unfortunately one Japanese was killed and another wounded on November 19 ast in consequence of the Russian bombardment of Manchuli.—Upon being informed of this incident the Soviet Government formally expressed regret to the Government and undertook to pay due compensation for any injuries sustained by Japanese. So far as we are,

Text read from the printed page and cleaned; old type leaves the occasional error.

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