893.5045/294
The Chinese Minister of Foreign Affairs (Shen Jui-lin) to the Senior Minister (Oudendijk)17
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AnnexIV.—Proposal Concerning the Rendition of the Mixed Court and the Reorganization of the Judicial System in the International Settlement of Shanghai
1. The Shanghai Mixed Court, together with the Registrar’s Office, the prison and Detention House attached thereto, shall be restored to the Chinese Government.
2. The Chinese Government will, in place of the said Mixed Court, establish a Court of Justice of the Shanghai International Settlement, which will be organized upon the model of a regular court of law of the Republic, to deal with all civil and criminal cases, as well as cases involving violations of police regulations arising within the Settlement, in accordance with the laws and ordinances in force in China.
3. Prior to the abolition of consular jurisdiction provided for in the Treaties, when a civil case arises within the jurisdiction of the said Court of Justice of the Shanghai International Settlement in which a citizen or subject of a nation having consular jurisdiction in China is involved as plaintiff and a Chinese citizen as defendant, the consular representative in Shanghai of the said nation may attend the trial to watch the proceedings; provided, however, that such practice shall not apply to civil cases in which citizens, or subjects of the Powers having consular jurisdiction are proceeding against those of Powers having no such right, nor to criminal cases in which citizens or subjects of the Powers having consular jurisdiction are the injured party and Chinese or citizens or subjects of the Powers having no such right are the aggressors.
Cases in which consular representatives in Shanghai may be present to watch the proceedings shall be heard in the first instance by the Special Court, and in the second, by the Special Court of Appeal, both of which shall be attached to the said Court of Justice provided, however, that if the plaintiff should be unwilling to submit to the jurisdiction of the said Special Court, but should voluntarily bring the case to an ordinary court or appeal to a superior court, [Page 1027] the trial shall be conducted according to the ordinary procedure and the practice of watching the proceedings shall not be applicable.
4. Summons, warrants, orders of detention and search, and of compulsory execution in civil suits shall be served upon or executed against Chinese or nationals of the Powers having no consular jurisdiction in China directly by officers (Huissiers) and judicial policy of the said Court of Justice of the Shanghai International Settlement. But in case, where the persons to be summoned are nationals of the Powers having consular jurisdiction, the Consul of the nation concerned shall be notified beforehand.
5. When a warrant of arrest or an order of detention or search is to be served or executed upon the premises of a national of a Power having consular jurisdiction against his employee living thereon, the consul of the nation concerned shall be notified beforehand.
6. Persons arrested by the Municipal police on charges of having violated criminal laws or police regulations shall within twenty-four hours of their arrest be sent to the court of Justice of the Shanghai International Settlement for trial. The Municipal police shall render full and prompt assistance in such matters as shall be requested of or entrusted to them by the Court of Justice of the Shanghai International Settlement.
7. Foreign lawyers are permitted to appear in the Court of Justice of the Shanghai International Settlement on behalf of foreign nationals in the litigation, but they shall be provided with certificates of approval issued by the Ministry of Justice and shall observe all Chinese laws and regulations in force governing Chinese lawyers.
8. Except as otherwise provided for in the preceding sections all Chinese laws and ordinances in force shall be applicable in the Court of Justice of the Shanghai International Settlement.
9. The preceding articles shall constitute an interim measure applicable only during the period prior to the abolition of consular jurisdiction in China, and shall come into force when they have been agreed upon by the Chinese Government and the diplomatic representatives of the nations concerned.
- Copy transmitted to the Department by the Minister in China in his despatch No. 352, Dec. 18, 1925, as subenclosure in circular No. 337 from the Senior Minister, dated Nov. 28, 1925; received Jan. 28, 1926.↩