Sept. 18.
Great Britain is heavily preoccupied with a passing severity, whom crises are almost matters of routine, is specially distracted by a colossal flood calamity, by the growing menace of civil war, by the continued turbulence of bandit-communists and by tension with a powerful neighbouring people. In such circumstances there might be reason to believe that the problem of extraterritoriality "could allowed to rest' awhile, undisturbed by cither side. This view does not appeal to the authorities ar Nanking, They have announced, characteristically, the preparation of plans for the construction of the necessary courts. in Shanghai and else. where, against the expected requirercnts of a non-extraterritorial regime beginning January 1, 1982? On Tuesday the British residents of Tientsin were reported to be holding a mass meeting of protest against mandanment of extraterrireality for their nationals in China by the British Government, and against the rendition of such concessions and settlement as still remain to that Government here. It is generally understood, from the replies given in the House of Commons, before the recess now rudely interrupted, that Sir Bfiles Lampson and Dr. C. T. Wang had reached a stage in their discussions and could, in effect, one further without definite instructions: from their respective governments to whom they had reported accordingly. Speculation now is directed: to the possibility of those instructions being given to one or other or both of the two negotiators in the course of the next few weeks. Meanwhile events have happened to stimulate interest in the question. The movement at} Tientsin indicates the trend of! this interest. In Shanghai there is under discussion the idea of forming an association to bring the British community. together for the consideration of the! Feetham Report, which naturally' raises the issue of extraterritoriality in an acute form. The creation of some machinery for the free and frank examination of important political questions
plauded. Whether it should any, commntty is to be ap. result in the passage of formal resolutions, in its early stages, may or may not be arguable. To begin with it is to be doubted whether any material exists for the formulation of such definite' views as those to which Tientsin has apparently given utterance. A protest against the abolition of extraterritoriality should presumably take into account the adopted policy of the Powers! and, unless it may be maintained that the setting back of the clock' or the cancellation of pledges is fe device in this year of can hardly ignore the acceptance of the principle of abolition.
It must, however, be borne in mind that, in the event, considerations are like 'e a dominating influence on the working out of legal This is due not only to the difference in the western and eastern views law-making but also to. the actual facts of the relationships between foreigners and the people of this country.
The Chinese Government on May 4 "of this year, issued regulations in readiness for the abolition of extraterritoriality, by January 1, 1932. In the absence of exact knowledge of the. terms of the treaty! which, for example, Sir Miles Lampson is supposed to have almost completed with Dr. Wang's_ assistance, it is not, easy to" make a definite pro Rouncement upon the matter all. "Tt may be maintained that haste to forestall a unilateral declaration by the signature of a treaty is to be deprecated. If that be so, the logical consequence is that the risk tendant on unilateral abel are regarded as less formidable than the dangers of formally! agreeing to abolition of extraterritoriality with—safeguards which take too much for granted. It is argued, considerable force, that to discuss abolition of this vital protection to British' nationals with a Government which obviously controls but very limited territorial tract in China is worse than useless.
Yet, it may be retorted, would the position be greatly improv ther by unilateral abolition by the eventual conclusion of a treaty with the Government when if has established its power: of control more solidly and extensively? On broad principles the case for delay strong. In the last few weeks the Chinese Government have given a sad but vivid illustration of their subservience to the military. The possibility freeing the courts from the arbitrary influence of the execu~ ive, seems, if anything, to be more remote than. it was even when Sir Mites Lampson signed
ago laid such emphasis on the the despatch which two rears
Text read from the printed page and cleaned; old type leaves the occasional error.
