Executive Agreement Series No. 37
The Chinese Minister for Foreign Affairs
(C. T. Wang)
to Each of the Foreign
Signatories
Nanking, February 17, 1930.
Sir: I have the honour to acknowledge the
receipt of your Note referring to the Agreement which we have signed
to-day concerning the establishment of a District Court and a Branch
High Court in the International Settlement at Shanghai, in which you
request my confirmation of the following points:
- “1. It is understood that the Courts established under the
present Agreement shall exercise jurisdiction over civil and
criminal cases as well as police offences and inquests in
the International Settlement at Shanghai, provided that the
jurisdiction of the said Courts over persons shall be the
same as that of other Chinese Courts and provided that their
territorial jurisdiction shall be the same as that of the
Chinese court now functioning in the International
Settlement at Shanghai, except (a)
mixed criminal cases arising on private foreign
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property outside
the limits of the Settlement and (b)
mixed civil cases arising in areas surrounding the
Settlement.
- “2. It is understood that the present practice regarding
the respective jurisdictions of the Chinese court now
functioning in the International Settlement and the Court
existing in the French Concession shall be followed, pending
a definite arrangement between the Chinese Government and
the authorities concerned.
- “3. It is understood that as far as practicable Chinese
shall be recommended by the Municipal Council to serve as
officers and members of the judicial police of the Courts
established under the present Agreement. It is further
understood that among the officers of the judicial police
appointed by the President of the Branch High Court under
Article VI of the present Agreement, there will be one to be
designated by the Municipal Council, to whom will be
allotted by the President an office on the Court premises
and who will make an entry of all judicial processes of the
Courts, such as summonses, warrants, orders and judgments,
for the purpose of service or execution in accordance with
the provisions of the above-mentioned Article.
- “4. It is understood that the establishment of the Courts
provided for in the present Agreement in no way affects the
validity of judgments rendered by the Chinese court now
functioning in the International Settlement and its
predecessor, and that such judgments shall be considered as
final and valid except where an appeal has been lawfully
taken or reserved. It is further understood that the
judgments of the Courts established under the present
Agreement shall be on the same footing as regards validity
as the judgments of all other Chinese Courts.
- “5. It is understood that the present Agreement does not
in any way affect or prejudice any future negotiations
regarding the status of extra-Settlement roads.
- “6. It is understood that the sum of sixty thousand
dollars ($60,000) now on deposit with the Bank of China to
the credit of the present Chinese court in the International
Settlement shall be maintained by the Chinese Government to
the credit of the new Courts established under the present
Agreement.
- “7. It is agreed that in accordance with Chinese law,
there shall be maintained by the Courts established under
the present Agreement, a storage room for articles
confiscated by the Courts, which remain the property of the
Chinese Government, it being understood that confiscated
opium and instruments for the smoking and preparation
thereof shall be burned publicly in the International
Settlement every three months and that the Municipal Council
may present to the Presidents of the Courts for transmission
to the Ministry of Justice such suggestions as it may desire
to make regarding the disposal of confiscated arms.
- “8. It is understood that upon the coming into force of
the present Agreement, all cases pending in the Chinese
court now functioning in the International Settlement shall
be dealt with in the Courts established under the present
Agreement in accordance with the procedure in force in the
latter Courts, provided that the proceedings in mixed cases
shall, as far as practicable, be continued from the point
where they are taken over and concluded within a period of
twelve
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months
which period may be extended at the discretion of the Courts
when the circumstances in any case so warrant.”
In reply I have the honour to confirm the understanding of the points as
quoted above.
I avail myself [etc.]
Hsu Mo
on behalf of
the Minister for Foreign Affairs
