British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China
Encyclopedia
The Treaty for the Relinquishment of Extra-Territorial Rights in China was a bilateral treaty
concluded between the British
and the Chinese
governments in Chongqing
on January 11, 1943. Under that treaty, the British government relinquished any special rights it had in China. This was done as a conciliatory step towards the Chinese government in order to boost up its cooperation with the Allied Powers in the Second World War. The treaty was accompanied by a similar treaty on behalf of the US government, concluded on the same day.
Ratification
s were exchanged in Chongqing on May 20, 1943, and the treaty became effective on the same day. It was registered in the League of Nations Treaty Series on September 30, 1944.
in China, which included mainly commercial rights for British companies and extra-territorial rights for British nationals in China. British subjects could only be prosecuted for crimes or have civil cases brought against them before British Consular courts or the British Supreme Court for China and Japan
.
The need to modify the conditions of extra-territorial rights in China arose from the dire situation of Chinese-British-US military cooperation following the Japanese invasion of China in 1937 and later during the Second World War. On July 18, 1940, British Prime Minister Winston Churchill
declared in Parliament his government's intention of relinquishing extra-territorial rights in China once peace was concluded. The issue was raised again following the outbreak of war in the Pacific in December 1941, and at this point the British position was greatly influenced by the US position. Already in March 1942, agreement was reached among State Department officials regarding the need to modify existing agreements with the Chines government in the latter's favour in order to improve relations. On April 25, 1942, the British government sounded its positions on the matter in a memorandum to the US government, in which it agreed to abolish extra-territorial jurisdiction
in principle, but suggested to postpone negotiations to that effect until the end of the war. On May 6, 1942, the US government responded to the British memorandum that it was not desirable to abrogate extra-territoriality in China at the moment, but that it would consider doing so in case approached about it by the Chinese government. On August 27, 1942, US secretary of State Cordell Hull
suggested that in case negotiations for relinquishing extra-territoriality commence, the following provisions should be included in the treaty:
The British government was not receptive at first to Hull's proposals, but the US government began pressing London to start negotiations with Chongqing right away, fearing lest waiting until the war's end will sterngthen Chinese public pressures to adopt stiffer positions vis-a-vis the US and British governments. On October 3, 1942, the US government submitted to the British government a draft US-Chinese treaty based on Hull's proposal of August 27.
First indication for Chinese aspirations to abolish extra-territoriality came around August 1942, in a conversation between Wang Beng-shen, advisor to Chiang Kai-shek
on Japanese affairs, and member of the British embassy in Chongqing. The Chinese adviser stated that the Chinese government desired to abolish extra-territorial rights in Shanghai, and was willing to grant some special status to British companies in that city.
As a result of US pressure, the British government agreed in early October 1942 to enter into negotiations with the Chinese government regarding the abrogation of extra-territoriality, and on October 9, the US and British governments officially notified the Chinese government of their initiative to that effect.
Negotiations eventually led to the conclusion of the UK and US China Treaty for Relinquishment of Extraterritorial Rights in January 1943.
Article 1 stipulated the treaty shall apply to all territories of the British Empire
and the Republic of China. Article 2 abrogated all international agreements which granted extra-territorial rights in China to any British nationals and companies. Article 3 specifically abrogated the Boxer protocol
of September 7, 1901 and promised in the future to restore to the Chinese government the control over the Legations Quarter in Beijing
(this provision was mainly symbolic, since Beijing was at the time under Japan
ese occupation
). Article 4 terminated all British extra-territorial jurisdiction in Shanghai, Tienjin and other main cities (most of which were under Japanese occupation at the time). Article 5 permitted the operation of British companies in China, as long as they obeyed Chinese law. Article 6 bound the British and Chinese governments to reciprocity in their commercial relations. Article 7 regulated the work of diplomatic agents in each country. Article 8 provided for negotiations for new treaties of commerce, to begin six months following the conclusion of the war being waged. Article 9 provided for ratification of the treaty.
Bilateral treaty
A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.It is similar to a contract, so it is called contractual treaty....
concluded between the British
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and the Chinese
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
governments in Chongqing
Chongqing
Chongqing is a major city in Southwest China and one of the five national central cities of China. Administratively, it is one of the PRC's four direct-controlled municipalities , and the only such municipality in inland China.The municipality was created on 14 March 1997, succeeding the...
on January 11, 1943. Under that treaty, the British government relinquished any special rights it had in China. This was done as a conciliatory step towards the Chinese government in order to boost up its cooperation with the Allied Powers in the Second World War. The treaty was accompanied by a similar treaty on behalf of the US government, concluded on the same day.
Ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
s were exchanged in Chongqing on May 20, 1943, and the treaty became effective on the same day. It was registered in the League of Nations Treaty Series on September 30, 1944.
Background
Since the Treaty of Nanjing, concluded in 1842, the British government enjoyed extra-territorial rightsExtraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
in China, which included mainly commercial rights for British companies and extra-territorial rights for British nationals in China. British subjects could only be prosecuted for crimes or have civil cases brought against them before British Consular courts or the British Supreme Court for China and Japan
British Supreme Court for China and Japan
The British Supreme Court for China and Japan was a court established in the Shanghai International Settlement in 1865 to try cases against British subjects in China and Japan, and from 1883, Korea, under the principles of Extraterritoriality. The court also heard appeals from consular courts in...
.
The need to modify the conditions of extra-territorial rights in China arose from the dire situation of Chinese-British-US military cooperation following the Japanese invasion of China in 1937 and later during the Second World War. On July 18, 1940, British Prime Minister Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
declared in Parliament his government's intention of relinquishing extra-territorial rights in China once peace was concluded. The issue was raised again following the outbreak of war in the Pacific in December 1941, and at this point the British position was greatly influenced by the US position. Already in March 1942, agreement was reached among State Department officials regarding the need to modify existing agreements with the Chines government in the latter's favour in order to improve relations. On April 25, 1942, the British government sounded its positions on the matter in a memorandum to the US government, in which it agreed to abolish extra-territorial jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
in principle, but suggested to postpone negotiations to that effect until the end of the war. On May 6, 1942, the US government responded to the British memorandum that it was not desirable to abrogate extra-territoriality in China at the moment, but that it would consider doing so in case approached about it by the Chinese government. On August 27, 1942, US secretary of State Cordell Hull
Cordell Hull
Cordell Hull was an American politician from the U.S. state of Tennessee. He is best known as the longest-serving Secretary of State, holding the position for 11 years in the administration of President Franklin Delano Roosevelt during much of World War II...
suggested that in case negotiations for relinquishing extra-territoriality commence, the following provisions should be included in the treaty:
- Abrogation of the Boxer Protocol of 1901 and of the international settlement in Shanghai.
- Settling legal issues resulting from the termination of the diplomatic quarter in Beijing.
- New legal arrangements to be entered in order to allow the retention of some foreign landed property in China under the new policy.
- Granting similar rights to Chinese nationals in the US as US nationals in China.
- Reciprocity in consular representation for the US and China.
- Negotiations for comprehensive new treaties on commerce to start 6 months following the termination of the war.
- Settlement of all disputes on the rights of Americans in China according to norms of international law.
The British government was not receptive at first to Hull's proposals, but the US government began pressing London to start negotiations with Chongqing right away, fearing lest waiting until the war's end will sterngthen Chinese public pressures to adopt stiffer positions vis-a-vis the US and British governments. On October 3, 1942, the US government submitted to the British government a draft US-Chinese treaty based on Hull's proposal of August 27.
First indication for Chinese aspirations to abolish extra-territoriality came around August 1942, in a conversation between Wang Beng-shen, advisor to Chiang Kai-shek
Chiang Kai-shek
Chiang Kai-shek was a political and military leader of 20th century China. He is known as Jiǎng Jièshí or Jiǎng Zhōngzhèng in Mandarin....
on Japanese affairs, and member of the British embassy in Chongqing. The Chinese adviser stated that the Chinese government desired to abolish extra-territorial rights in Shanghai, and was willing to grant some special status to British companies in that city.
As a result of US pressure, the British government agreed in early October 1942 to enter into negotiations with the Chinese government regarding the abrogation of extra-territoriality, and on October 9, the US and British governments officially notified the Chinese government of their initiative to that effect.
Negotiations eventually led to the conclusion of the UK and US China Treaty for Relinquishment of Extraterritorial Rights in January 1943.
Terms of the treaty
The wording of the treaty was similar to the proposal made by Hull on August 27, 1942, as it remained brief in order to allow for more detailed agreement once the war was over.Article 1 stipulated the treaty shall apply to all territories of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
and the Republic of China. Article 2 abrogated all international agreements which granted extra-territorial rights in China to any British nationals and companies. Article 3 specifically abrogated the Boxer protocol
Boxer Protocol
The Boxer Protocol was signed on September 7, 1901 between the Qing Empire of China and the Eight-Nation Alliance that had provided military forces plus Belgium, Spain and the Netherlands after China's defeat in the intervention to put down the Boxer Rebellion at the hands of the...
of September 7, 1901 and promised in the future to restore to the Chinese government the control over the Legations Quarter in Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
(this provision was mainly symbolic, since Beijing was at the time under Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese occupation
Occupation
Occupation may refer to:*Job , a regular activity performed for payment, that occupies one's time**Employment, a person under service of another by hire**Career, a course through life**Profession, a vocation founded upon specialized training...
). Article 4 terminated all British extra-territorial jurisdiction in Shanghai, Tienjin and other main cities (most of which were under Japanese occupation at the time). Article 5 permitted the operation of British companies in China, as long as they obeyed Chinese law. Article 6 bound the British and Chinese governments to reciprocity in their commercial relations. Article 7 regulated the work of diplomatic agents in each country. Article 8 provided for negotiations for new treaties of commerce, to begin six months following the conclusion of the war being waged. Article 9 provided for ratification of the treaty.
External links
- Text of the treaty (PDF)