793.003/238
The British Ambassador (Howard) to
the Secretary of State
Washington, December 21, 1929.
No. 667
Sir: I have the honour to transmit herewith
under instructions from His Majesty’s Principal Secretary of State for
Foreign Affairs,
[Page 658]
copy of an
aide-memoire handed by Mr. Henderson on the
20th instant to the Chinese Minister in London regarding the abolition
of extraterritoriality in China.
- 2.
- The object of His Majesty’s Government in taking this step is to
induce the Chinese Government to issue their threatened denunciation
of extraterritoriality in an innocuous form.
- 3.
- The Chinese Minister in London on November 25th announced to the
Deputy Under Secretary of State that his Government had decided (1)
to decree the abolition of extraterritoriality on January 1st, next,
(2) to establish modern courts at Harbin, Shanghai, Canton, Tientsin
and Hankow, to which would be attached foreign legal advisers for
purpose of consultation, but without right of interference, (3) to
allow civil cases between foreigners to be tried by courts outside
China, the judgment of such courts to be executed by a Chinese
Court, if not repugnant to Chinese law and custom.
I have [etc.]
[Enclosure]
Aide-Mémoire
His Majesty’s Government in the United Kingdom have had under
consideration the position which has arisen in consequence of the
note addressed to them by the Chinese Government on April 27th last
and subsequent correspondence on the subject of proposed
modifications in the present system of extraterritoriality in China.
His Majesty’s Government are aware of official declarations on the
part of the Chinese Government which they interpret as indicating
the earnest desire of the Chinese Government that substantial
progress should be made before January 1st, 1930, if not with the
actual process of abolition of extraterritoriality, at any rate with
serious negotiations having in view the initiation of that process
in the immediate future.
- 2.
- His Majesty’s Government, animated by a desire to meet the
wishes of the Chinese Government in a liberal and sympathetic
spirit, sought to elicit from them concrete proposals which
might serve as a basis for detailed negotiations. When it became
apparent that the Chinese Government felt some difficulty in
putting forward concrete proposals for preliminary study, His
Majesty’s Government hoped that the common purpose which both
Governments had in view might best be served if discussions
could be initiated before the end of the year between His
Majesty’s Minister at Peking and the Chinese Minister for
Foreign Affairs in Nanking. It was their intention that Sir M.
Lampson should proceed to Nanking for the purpose, but
unfortunately the outbreak of civil war over a wide area in
China made it impossible to carry that intention into
effect.
- 3.
- The intricate readjustments that will be necessary both in the
legal and administrative spheres in a gradual and progressive
solution of the problem of extraterritoriality, such as is
contemplated by both Governments, can only be effected as the
result of negotiations conducted in a friendly and unprejudiced
atmosphere. It would be a grave misfortune were anything to
occur to prevent such negotiations from being initiated or from
being carried to a satisfactory conclusion. The Chinese
Government themselves will realise that any attack on the legal
rights of British subjects or the interests which they have
built up with benefit to China as well as themselves in the
course of nearly one hundred years on the faith of solemn treaty
stipulations would confront His Majesty’s Government with a
serious responsibility, as such attack would be gravely
prejudicial to the prospects of negotiating a friendly solution
of an intricate problem.
- 4.
- His Majesty’s Government desire to do their utmost to create a
favourable atmosphere for negotiations. No responsibility
attaches to them for political conditions in China which have
prevented the commencement of serious discussions. They deplore
the fact that this step has been prevented by such conditions
and they appreciate the difficulties with which, in view of the
prominence which has been given to the particular date January
1st, 1930, the Chinese Government may be faced should that date
arrive without any visible progress having been made with
detailed consideration of the problem of extraterritoriality.
His Majesty’s Government are therefore willing to agree that
January 1st, 1930, should be treated as the date from which the
process of gradual abolition of extraterritoriality should be
regarded as having commenced in principle and would have no
objection to any declaration conformable with that attitude
which the Chinese Government may think it desirable to issue.
His Majesty’s Government are ready to enter into detailed
negotiations as soon as political conditions in China render it
possible to do so, with a view to agreeing on method and a
programme for carrying the abolition of extraterritoriality into
effect by gradual and progressive stages to the mutual
satisfaction of both Governments.
Washington, 21 December,
1929.
