Page images

tried and punished by the Consul, or other public functionary authorized thereto, according to the laws of Great Britain.

Justice shall be equitably and impartially administered on both sides.

XVII. A British subject having reason to complain of a Chinese, must proceed to the Consulate and state his grievance. The Consul will inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if a Chinese have reason to complain of a British subject, the Consul shall no less listen to his complaint, and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably then he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case and decide it equitably.

XVIII. The Chinese authorities shall at all times afford the fullest protection to the person and property of British subjects, whenever these shall have been subjected to insult or violence. In all cases of incendiarism or robbery, the local authorities shall at once take the necessary steps for the recovery of the stolen property, the suppression of disorder, and the arrest of the guilty parties, whom they will punish according to the law.

XIX. If any British merchant vessel, while within Chinese waters, be plundered by robbers or pirates, it shall be the duty of the Chinese authorities to use every endeavour to capture and punish the said robbers or pirates, and to recover the stolen property, that it may be handed over to the Consul for restoration to the owner.

XXI. If criminals, subjects of China, shall take refuge in Hong Kong, or on board the British ships there, they shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be delivered up.

In like manner, if Chinese offenders take refuge in the houses or on board the vessels of British subjects at the open ports, they shall not be harboured or concealed, but shall be delivered up, on due requisition by the Chinese authorities, addressed to the British Consul.

XXII. Should any Chinese subject fail to discharge debts incurred to a British subject, or should he fraudulently abscond, the Chinese authorities will do their utmost to effect his arrest, and enforce recovery of the debt. The British authorities will likewise do their utmost to bring to justice any British subject fraudulently absconding, or failing to discharge debts incurred by him to a Chinese subject.

XXIII. Should natives of China who may repair to Hong Kong to trade incur debts there, the recovery of such debts must be arranged for by the English Courts of Justice on the spot; but should the

Chinese debtor abscond, and be known to have property, real or personal, within the Chinese territory, it shall be the duty of the Chinese authorities, on application by and in concert with the British Consul, to do their utmost to see justice done between the parties.

Art. XVI explained in Agreement of 13 September, 1876.

II. In order to the fulfilment of its treaty obligations, the British Government has established a Supreme Court at Shanghai, with a special code of rules.

The Chinese Government has established at Shanghai a mixed Court.

III. It is agreed that, whenever a crime is committed affecting the person or property of a British subject, whether in the interior or at the open ports, the British Minister shall be free to send officers to the spot to be present at the investigation.

It is further understood that so long as the laws of the two countries differ from each other, there can be but one principle to guide judicial proceedings in mixed cases in China, namely, that the case is tried by the official of the defendant's nationality, the official of the plaintiff's nationality merely attending to watch the proceedings in the interests of justice. If the officer so attending be dissatisfied with the proceedings, it will be in his power to protest against them in detail. The law administered will be the nationality of the officer trying the case. This is the meaning of the words "hui tung," indicating combined action in judicial proceedings in Article XVI of the Treaty of Tientsin, and this is the course to be respectively followed by the officers of either nationality.


Treaty, 26 November, 1883.

III. i. Jurisdiction over the persons and property of British subjects in Corea shall be vested exclusively in the duly authorized British judicial authorities, who shall hear and determine all cases brought against British subjects by any British or other foreign subject or citizen without the intervention of the Corean authorities.

ii. If the Corean authorities or a Corean subject make any charge or complaint against a British subject in Corea, the case shall be heard and decided by the British judicial authorities.

iii. If the British authorities or a British subject make any charge or complaint against a Corean subject in Corea, the case shall be heard and decided by the Corean authorities.

iv. A British subject who commits any offence in Corea shall be tried and punished by the British judicial authorities according to the laws of Great Britain.

v. A Corean subject who commits in Corea any offence against a British subject shall be tried and punished by the Corean authorities according to the laws of Corea.

vi. Complaints against a British subject involving a penalty or confiscation by reason of any breach either of this Treaty or of any regulations annexed thereto, or of any regulations that may hereafter be made in virtue of its provisions, shall be brought before the British authorities for decision, and any penalty imposed and all property confiscated in such cases shall belong to the Corean Government.

vii. British subjects in Corea shall be amenable to such municipal, police, and other regulations for the maintenance of peace, order, and good government, as may be agreed upon by the competent authorities of the two countries.

viii. In all cases, whether civil or criminal, tried either in Corcan or British Courts in Corea, a properly authorized official of the nationality of the plaintiff or prosecutor shall be allowed to attend the hearing, and shall be treated with the courtesy due to his position. He shall be allowed, whenever he thinks it necessary, to call, examine, and cross examine witnesses, and to protest against the proceedings or decision.

ix. If a Corean subject who is charged with an offence against the laws of his country takes refuge on premises occupied by a British subject, or on board a British merchant vessel, the British consular authorities, on receiving an application from the Corean authorities, shall take steps to have such person arrested and handed over to the latter for trial. But, without the consent of the proper British consular authorities, no Corean officer shall enter the premises of any British subject without his consent, or go on board a British ship without the consent of the officer in charge.

x. On the demand of any competent British Consular authority, the Corean authorities shall arrest and deliver to the former any British subject charged with a criminal offence, and any deserter from a British ship of war or merchant vessel.


I. With reference to Article III. of this Treaty, it is hereby declared that the right of extra-territorial jurisdiction over British subjects in Corea granted by this Treaty shall be relinquished when, in the judgment of the British Government, the laws and legal procedure of Corea shall have been so far modified and reformed as to remove the objections which now exist to British subjects being placed under Corean jurisdiction, and Corcan judges shall have attained similar legal qualifications, and a similar independent position to those of British judges.


Order in Council, 15 March, 1893.

The limits of the Order as defined in the Pacific Order in Council, 1893, are as follow:—

IV. The limits of this Order shall be the Pacific Ocean and the islands and places therein, including

(a) Islands and places which are for the time being British settlements,

(b) Islands and places which are for the time being under the protection of His Majesty,

(c) Islands and places which are for the time being under no civilised government,

but exclusive (except as in this Order expressly provided in relation to any particular matter) of

(1) Any place within any part of His Majesty's dominions or the territorial waters thereof which is for the time being within the jurisdiction of the Legislature of any British possession.

(2) Any place for the time being within the jurisdiction or protectorate of any civilised Power.

V. In islands and places which are not British settlements, or under the protection of His Majesty, jurisdiction under this Order shall be exercised (except only as in this Order otherwise expressly provided) only over His Majesty's subjects, and any foreigners or natives, in so far as by reason of being, or having been, on board a British ship or otherwise they have come under a duty of allegiance to His Majesty, and their property and personal and proprietary rights and obligations.

VI. Until otherwise directed by a Secretary of State as hereinafter provided, jurisdiction under this Order shall be exercised only in relation to the following parts of the limits of this Order, that is to say

(1) The groups of islands with the dependencies and territorial waters thereof known as

The Friendly Islands.

The Navigators' Islands.

The Union Islands.

The Phoenix Islands.

The Ellice Islands.

The Gilbert Islands.

The Solomon Islands, so far as they are not within the juris

diction of the German Empire.

The Santa Cruz Islands.

(2) Any seas, islands, and places which are not excluded by the 4th article of this Order, and are situate in the Western Pacific Ocean, that is to say, within the following limits

North, from 140° east longitude by the parallel 12° north latitude to 160° west longitude, thence south to the equator, and thence east to 149° 30′ west longitude.

East by the meridian of 149° 30' west longitude.
South by the parallel 30° south latitude.

West by the meridian 140° east longitude.

Provided that the Secretary of State from time to time, by any instructions given to the High Commissioner and published as the Secretary of State thinks fit, may direct that jurisdiction under this Order may be exercised in relation to any part of the limits of this Order not herein specified, or that any part of this Order shall, until otherwise directed, be excepted from the application of this Order.

Provided also that in relation to the Navigators' Islands, this Order is subject to the provisions of the Final Act of the Conference on the Affairs of Samoa, signed at Berlin, the 4th June, 1889.

« PreviousContinue »