The Archive · 1929

Extraterritorial Rights

Sir John Power asked the Secretary of State for Foreign Affairs the text of the answer which he gave 46 the request of the Chinese. Republic for the immediate abrogation of extraterritorial rights.

Mr. A, Henderson:—The document in question is a long one and, with the hon. Member's permission, will circulate the text in the.

Following is the document: the. present. system of extraterritoriality came into existence seems essential to a consideration of the proper method for dealing with the problem.

"4—The system of exteaterritoriality in force in China has its root deep down in the past. For thousands of years, before science had im,.oved communications, the 'Chinese people were secluded from the rest' of the world by deserts and the ocean, and they developed a civilization and a polity peculiar to themselves. A wide gulf was thus fixed between Europe and America on the one hand and China on the other.

"5.—In particular, the conception of international relations as being the intercourse between equal and independent States—a conception [which was woven into the very tex-tute of the political ideas of, the nations of the West—was entirely alien to Chinese modes of thought. When traders of the West first found their way to the coasts of China the Chinese Government found it dificult to allow them: freely to enter into their country and mingle with their people, nor did they. recognize that the nations to which they belonged were the equals China, These traders were therefore confined to a small section of single city in one corner of the Empire, and, while on the one hand they wore subjected to many disabilities and to grave humiliations, the other hand, by a species of amorphous. and unregulated extra~ territoriality, which was the nataral outcome of these conditions, the re-[sponsibility of managing their own affairs and maintaining order Amongst themselves was in some rieatare left to their own initiative.

'6.—Relations continued for many years upon this insecure and un-Intisfactory_ footing. Friction was often dangerously intense and con-fliers not infrequently arose, generally out of demands that some innocent person should be surrendered for execution to expiate, perhaps, an accidental homicide, oF that for-ign authority should assume the Fesponsibility for enforcing. the revenue jaws of, China.

Z—The object of the first treat. jes was to. secure recognition by' China of Great Britain's equality with herself, and to define and regulate the extraterritorial status of British subjects, Relations between the two countries having: thas been placed upon a footing of equality and mutual respect, Great Britain was content that" her nationals should continue to bear those ré- sponsibilities and to labour under these disabilities which respect for the sovereignty of China entailed upon them. " Conditions did not permit the general opening of the interior of China, and the residence lof foreigners has consequently continued down to the present day to be restricted to a limited number of cities known as treaty ports.

"8—His Majesty's Government reeopnize the defects and inconveni-

Jwhat further steps in the same direction it may be possible to take Jat the present time.

"410—His Majesty's Government would, however, observe that the promulgation of codes embodying Western legal principles represents louty one portion of the task to be: accomplished before it would be safe to abandon in their entirety the speci arrangements which have foreigners in China. these reforms should becom ing reality, it appears to His Ma-Jesty's Government to be necessary that Western legal principles should be understood and be found acceptable by the people at large mo less than by their:

and that the courts which the hands not only of mili but of groups and associations, who either set up arbitrary and iitegal tribunals of their own or attempt to use legal courts for the further-tical objects rather than for istration of equal Justice between Chinese and Chinese and between Chinese and for-igners. fare folélled in far greater measure than appears to be the case to-will it be practicable for British merchants to reside, trade and own property throughout the territories fof China with the same equality of Jehants in Great Britain.

Any Jagreement purporting to accord such Privileges to British merchants would remain for some time to come Jo mere paper agreement, tow) it would be impossible to give effect practice, Any attempt premature. Ty to accord such privileges would not only be no benefit to British merchants, but might involve the Government and people of China in politigat and economic difficulties.

"11—So long as these conditions subsist there appears to be no prac. feeable alternative to maintaining though, perhaps, in 2 modified form, the treaty port system that has! served for nearly a century to regulate the intercourse between China Jand the British subjects within her Jdomain. Some system. of extraterthe natural corollary to the maintenance, even in modified form, of the treaty port system, and the problem as it. presents itself to His Majesty's Government at the present moment is to discover what further modifications la that system, beyond those already made. and: alluded to above, it would be desir: fable and practicable to effect.

2—His Majesty's Government await further proposals from the [National Government as to the [procedure now to be adopted for ex-lamining this question, and they instruct me to assure your Excellency [that they will continue to maintain towards any such proposals. the same friendly and helpful attitude which your Excellency has paid }sé generous a tribute in the con-Jcluding paragraph of your note munitions, 18 well as most. of the th booty which they taken from the people.

Orders have been issued by the National Government to the military] leaders of Kiangsu and Chekiang [despatch troops in pursuit of these men. In this connection, it is report-Jed that the Third Division, under Gen. Mao Ping-wen, were brought back from the mid-Yangtze to [Changchow to suppress the revolt] but; when they arrived in that city, they refused either to move against the mutineers or to permit themselves to be transferred elsewhere until they had received their back wages. They have, it is said, not yet thrown in their lot with the anti-Government forces and yet they are refusing to fight for the jovernment.

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

Your account