British Supreme Court for China and Japan
Encyclopedia
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 China and Japan and from the British Court for Japan which was established in 1879. Britain had acquired extraterritorial rights in China under the Treaty of Nanking
in 1842. The United States obtained further extraterritorial rights under the Treaty of Wanghsia
which Britain was able to take advantage of under the Most Favoured Nation provision in a Supplemental Agreement to the Treaty of Nanking
. Subsequently, under the Treaty of Tientsin
signed in 1858 and ratified in 1860 these rights were provided for directly in a Sino-British Treaty. In 1858, Britain obtained extraterritorial rights in Japan under the Anglo-Japanese Treaty of Amity and Commerce
. In Korea, Great Britain obtained extraterritorial rights in 1883 under a Treaty of Friendship and Commerce
which was signed in Hanyang on 26 November 1883.
compound in Shanghai. From 1865 to 1871 cases were heard using the rooms that had been used by the consular court. In 1871 a dedicated court building was completed at the back of the consulate building facing on to Yuanmingyuan Road. The building still stands to this day and can be seen from Yuanmingyuan Road.
In Yokohama, the Court for Japan sat in the British Consulate building in Yokohama. The building was destroyed in the 1923 Great Kanto Earthquake
. When the judges of the court went on circuit to outlying cities they would generally sit in courts in British consulate buildings but on occasions would use other premises where important cases of great public interest were being heard.
signed in 1894, Britain gave up extraterritorial rights in Japan with effect from July 1899. The Court for Japan officially heard its last case in early 1900. The Supreme Court was renamed the Supreme Court for China and Corea (sic) in 1900.
It was, however, only in 1943 during World War II that Britain, under pressure from the United States, gave up extraterritorial rights in China under the British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China
signed on 11 January 1943 and which came into force on 20 May 1943. The court therefore had had jurisdiction over British subjects in Korea for 27 years; in Japan for 34 years and in China for 78 years when the court was finally dissolved in 1943.
which was also the Supreme Court and Consular Gazette. Cases from other consular courts in Shanghai were also published in the North China Herald.
Some famous cases included a defamation claim bought by Baron von Gumpach against Robert Hart
, the Chief Inspector of Chinese Maritime Customs, which ultimately went to the Judicial Committee of the Privy Council
, in 1873, under the name Hart v Gumpach; the trial in 1908 of Ernest Bethell
, proprietor of the Korean Daily News for sedition against the Japanese Government of Korea as well as a defamation claim brought by Bethell, also in 1908, against the North China Herald; a habeas corpus
application, in 1939, on behalf of 4 Chinese held by British officials in Tianjin but wanted by the Japanese authorities in China for murder; and, the trial, in 1897, in the Court for Japan of Edith Carew for the arsenic poisoning of her husband in Yokohama.
Charles Wycliffe Goodwin
; Frederick Bourne, a recipient of thanks from the U.S. President for services rendered; an aristocrat, Havilland de Sausmarez
for whom the baronetage of the De Sausmarez Baronets
was created; and a recipient of a decoration from the King of Siam, Skinner Turner. The judges came from a variety of places, including from England, Wales, Scotland, Ireland, the British Virgin Islands and South Africa.
Throughout it existence the court had two permanent judges at any one time. From 1865 to 1878 and 1905 to 1943 the senior judge was titled Judge and the junior judge's title was Assistant Judge. Between 1878 and 1905 the senior judge was titled Chief Justice and the junior judge's title was Judge.
List of Judges
Hiram Parkes Wilkinson was the son of Hiram Shaw Wilkinson. Together they served as Crown Advocate for a total of 44 years.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
established in the Shanghai International Settlement
Shanghai International Settlement
The Shanghai International Settlement began originally as a purely British settlement. It was one of the original five treaty ports which were established under the terms of the Treaty of Nanking at the end of the first opium war in the year 1842...
in 1865 to try cases against British subjects in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
and 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...
, and from 1883, Korea
Korea
Korea ) is an East Asian geographic region that is currently divided into two separate sovereign states — North Korea and South Korea. Located on the Korean Peninsula, Korea is bordered by the People's Republic of China to the northwest, Russia to the northeast, and is separated from Japan to the...
, under the principles of Extraterritoriality
Extraterritoriality
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...
. The court also heard appeals from consular courts in China and Japan and from the British Court for Japan which was established in 1879. Britain had acquired extraterritorial rights in China under the Treaty of Nanking
Treaty of Nanking
The Treaty of Nanking was signed on 29 August 1842 to mark the end of the First Opium War between the United Kingdom of Great Britain and Ireland and the Qing Dynasty of China...
in 1842. The United States obtained further extraterritorial rights under the Treaty of Wanghsia
Treaty of Wanghia
The Treaty of Wanghia , is a diplomatic agreement between the Qing Dynasty of China and the United States, signed on 3 July 1844 in the Kun Iam Temple...
which Britain was able to take advantage of under the Most Favoured Nation provision in a Supplemental Agreement to the Treaty of Nanking
Treaty of Nanking
The Treaty of Nanking was signed on 29 August 1842 to mark the end of the First Opium War between the United Kingdom of Great Britain and Ireland and the Qing Dynasty of China...
. Subsequently, under the Treaty of Tientsin
Treaty of Tientsin
Several documents known as the "Treaty of Tien-tsin" were signed in Tianjin in June 1858, ending the first part of the Second Opium War . The Second French Empire, United Kingdom, Russian Empire, and the United States were the parties involved...
signed in 1858 and ratified in 1860 these rights were provided for directly in a Sino-British Treaty. In 1858, Britain obtained extraterritorial rights in Japan under the Anglo-Japanese Treaty of Amity and Commerce
Anglo-Japanese Treaty of Amity and Commerce
The was signed on August 26, 1858 by Lord Elgin and the then representatives of the Japanese government . This was an unequal treaty, that gave Japan semi-colonial status.The concessions which Japan made were threefold:...
. In Korea, Great Britain obtained extraterritorial rights in 1883 under a Treaty of Friendship and Commerce
United Kingdom-Korea Treaty of 1883
The United Kingdom-Korea Treaty of 1883 was negotiated between representatives of the United Kingdom and Korea.-Background:In 1876, Korea established a trade treaty with Japan after Japanese ships approached Ganghwado and threatened to fire on the Korean capital city...
which was signed in Hanyang on 26 November 1883.
Court Buildings
The court was housed in the British ConsulateFormer Consulate-General of the United Kingdom, Shanghai
The Former Consulate-General of the United Kingdom building located in Shanghai, China, is one of the oldest buildings on The Bund.It is housed in a compound that housed a number of buildings used by the British Consulate-General....
compound in Shanghai. From 1865 to 1871 cases were heard using the rooms that had been used by the consular court. In 1871 a dedicated court building was completed at the back of the consulate building facing on to Yuanmingyuan Road. The building still stands to this day and can be seen from Yuanmingyuan Road.
In Yokohama, the Court for Japan sat in the British Consulate building in Yokohama. The building was destroyed in the 1923 Great Kanto Earthquake
1923 Great Kanto earthquake
The struck the Kantō plain on the Japanese main island of Honshū at 11:58:44 am JST on September 1, 1923. Varied accounts hold that the duration of the earthquake was between 4 and 10 minutes...
. When the judges of the court went on circuit to outlying cities they would generally sit in courts in British consulate buildings but on occasions would use other premises where important cases of great public interest were being heard.
Japan
In 1879, reflecting the growing British commercial interests in Japan and the inconvenience of bringing a first instance action in Shanghai, a Court for Japan was established in Kanagawa (Yokohama) with first instance jurisdiction in Japan. The Court for Japan also heard appeals from consular courts in Japan. Appeals from the Court for Japan were heard by the Chief Justice and Judge of the Supreme Court in Shanghai. Under the terms of the Anglo-Japanese Treaty of Commerce and NavigationAnglo-Japanese Treaty of Commerce and Navigation
The signed by Britain and Japan, on July 16, 1894, was a breakthrough agreement; it heralded the end of the unequal treaties and the system of extraterritoriality in Japan. The treaty came into force on July 17, 1899....
signed in 1894, Britain gave up extraterritorial rights in Japan with effect from July 1899. The Court for Japan officially heard its last case in early 1900. The Supreme Court was renamed the Supreme Court for China and Corea (sic) in 1900.
Korea
Under the Japan-Korea Treaty of 1910, Korea was annexed by Japan and Britain automatically lost extraterritorial rights in Korea. The court then became the Supreme Court for China.China
In the 1920s there were negotiations with China to give up extraterritorial rights but these were never finalized due to constantly changing Chinese governments. In 1930, after the Kuomingtang consolidated their rule in China, Britain reached an agreement in principle with the Chinese Foreign Minister to give up extraterritorial rights. The Japanese invasion of Manchuria in 1931 and then Northern China in 1937 put the issue on the backburner. The Court effectively ceased to function on 8 December 1941 when the Japanese Navy occupied the court premises at the start of the Pacific War. After 9 months internship, either at home in the Cathay Hotel, the judges and British staff of the court were evacuated to Britain aboard the SS. Narkunda.It was, however, only in 1943 during World War II that Britain, under pressure from the United States, gave up extraterritorial rights in China under the British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China
British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China
The 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...
signed on 11 January 1943 and which came into force on 20 May 1943. The court therefore had had jurisdiction over British subjects in Korea for 27 years; in Japan for 34 years and in China for 78 years when the court was finally dissolved in 1943.
Cases
The court tried cases of all descriptions, all the time applying the laws of England in China, Japan and Korea, including murder trials before juries, divorce cases, commercial disputes, trademark and passing off claims, habeas corpus applications and cases of petty theft. Some of its cases are online at Macquarie University's Colonial Cases website. Official case reports can be found in the North China HeraldNorth China Daily News
North China Daily News was an English-language newspaper in Shanghai, China, called the most influential foreign newspaper of its time.The paper was founded as the weekly North-China Herald and was first published on 3 August 1850. Its founder, British auctioneer Henry Shearman , died in 1856...
which was also the Supreme Court and Consular Gazette. Cases from other consular courts in Shanghai were also published in the North China Herald.
Some famous cases included a defamation claim bought by Baron von Gumpach against Robert Hart
Sir Robert Hart, 1st Baronet
Sir Robert Hart, 1st Baronet, GCMG , was a British consular official in China, who served as the second Inspector General of China's Imperial Maritime Custom Service from 1863 to 1911.-Early life:...
, the Chief Inspector of Chinese Maritime Customs, which ultimately went to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, in 1873, under the name Hart v Gumpach; the trial in 1908 of Ernest Bethell
Ernest Bethel
Ernest Thomas Bethell , who is also known by his Korean name Bae Seol , was a British journalist working in Asia as a correspondent for the Daily Chronicle....
, proprietor of the Korean Daily News for sedition against the Japanese Government of Korea as well as a defamation claim brought by Bethell, also in 1908, against the North China Herald; a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
application, in 1939, on behalf of 4 Chinese held by British officials in Tianjin but wanted by the Japanese authorities in China for murder; and, the trial, in 1897, in the Court for Japan of Edith Carew for the arsenic poisoning of her husband in Yokohama.
Judges of the Court
In its 78 years of existence from 1865 to 1943 the court had 15 full time judges, including the first Chief Judge, Edmund Hornby, EgyptologistEgyptology
Egyptology is the study of ancient Egyptian history, language, literature, religion, and art from the 5th millennium BC until the end of its native religious practices in the AD 4th century. A practitioner of the discipline is an “Egyptologist”...
Charles Wycliffe Goodwin
Charles Wycliffe Goodwin
Charles Wycliffe Goodwin was a British Egyptologist, lawyer and judge.Goodwin was born in 1817. He studied at St Catherine's and graduated, in 1838, 6th Classic and senior optime in Mathematics. He was called to the bar at Lincoln's Inn in 1843 and in 1865 became assistant judge of the British...
; Frederick Bourne, a recipient of thanks from the U.S. President for services rendered; an aristocrat, Havilland de Sausmarez
Havilland de Sausmarez
Sir Havilland de Sausmarez was a judge of various British courts in Africa, the Ottoman Empire and China. -Early life:De Sausmarez, was born on 30 May 1861. He was the son of Reverend Havilland de Sausmarez and Anne Priaulx Walters. He was a scholar of Westminster where he was Head of the Water and...
for whom the baronetage of the De Sausmarez Baronets
De Sausmarez Baronets
The de Sausmarez Baronetcy, of Jerburg in Guernsey, was a title in the Baronetage of the United Kingdom.It was created on 26 June 1928 for Havilland de Sausmarez who had been a judge of various British courts in Africa, the Ottoman Empire and China....
was created; and a recipient of a decoration from the King of Siam, Skinner Turner. The judges came from a variety of places, including from England, Wales, Scotland, Ireland, the British Virgin Islands and South Africa.
Throughout it existence the court had two permanent judges at any one time. From 1865 to 1878 and 1905 to 1943 the senior judge was titled Judge and the junior judge's title was Assistant Judge. Between 1878 and 1905 the senior judge was titled Chief Justice and the junior judge's title was Judge.
List of Judges
- Edmund Grimani Hornby (Judge 1865–1876)
- Charles Wycliffe GoodwinCharles Wycliffe GoodwinCharles Wycliffe Goodwin was a British Egyptologist, lawyer and judge.Goodwin was born in 1817. He studied at St Catherine's and graduated, in 1838, 6th Classic and senior optime in Mathematics. He was called to the bar at Lincoln's Inn in 1843 and in 1865 became assistant judge of the British...
(Asst Judge from 1865–1878) - George French (Judge 1877) (Chief Justice 1878-1881)
- Robert Anderson Mowat (Judge 1878-1891) (also Judge for Japan 1891 to 1897)
- Richard Temple Rennie (Chief Justice 1881-1891) (also Judge for Japan 1879 to 1881)
- Nicholas John HannenNicholas John HannenSir Nicholas Hannen was a British barrister, diplomat and judge who served in China and Japan. He was the Chief Justice of the British Supreme Court for China and Japan from 1891 to 1900 and also served concurrently as Consul-General in Shanghai from 1891 to 1897. He was judge of the British...
(Chief Justice 1891-1900) (also Consul General 1891-1897) (also Judge for Japan 1881 to 1891) - George Jamieson (Judge 1891-1898) (also Consul 1891-1897)
- Frederick Augustus Samuel Bourne (Judge 1898-1905) (Asst Judge 1905-1916) (also Judge of the High Court for Weihaiwei 1903-1916)
- Hiram Shaw WilkinsonHiram Shaw WilkinsonSir Hiram Shaw Wilkinson, JP, DL was a leading British judge and diplomat, serving in China and Japan-Early life:Hiram Shaw Wilkinson was born in 1840, the son of John Wilkinson Esq., of Belfast and Annabella Shaw, daughter of William Shaw, Esq., of Holden's Valley, County Down...
(Chief Justice 1900-1905) (also Judge for Japan 1897 to 1900) - Havilland de SausmarezHavilland de SausmarezSir Havilland de Sausmarez was a judge of various British courts in Africa, the Ottoman Empire and China. -Early life:De Sausmarez, was born on 30 May 1861. He was the son of Reverend Havilland de Sausmarez and Anne Priaulx Walters. He was a scholar of Westminster where he was Head of the Water and...
(Judge 1905-1921) (also President Hong Kong Full Court 1912 to 1920) - Skinner Turner (Asst Judge 1916–1921) (Judge 1921-1927)
- Peter Grain (Asst Judge 1921 -1927) (Judge 1927-1933) (also Judge of the High Court for Weihaiwei 1925-1930)
- Gilbert Walter King (Asst Judge 1927- 1931)
- Penrhyn Grant Jones (Asst Judge 1931-1943)
- Allan George Mossop (Judge 1933-1943)
Crown Advocates
From 1878, the position of Crown Advocate was created. This was similar to the position of an Attorney General in a colony. The Crown Advocate was not a full time employee of the Foreign Office but received payment for acting as Crown Advocate. The Crown Advocate was allowed to accept cases from private clients that did not conflict with his role as Crown Advocate. The 6 gentlemen who served as Crown Advocate were:- Nicholas John HannenNicholas John HannenSir Nicholas Hannen was a British barrister, diplomat and judge who served in China and Japan. He was the Chief Justice of the British Supreme Court for China and Japan from 1891 to 1900 and also served concurrently as Consul-General in Shanghai from 1891 to 1897. He was judge of the British...
(1878-1881) - Hiram Shaw WilkinsonHiram Shaw WilkinsonSir Hiram Shaw Wilkinson, JP, DL was a leading British judge and diplomat, serving in China and Japan-Early life:Hiram Shaw Wilkinson was born in 1840, the son of John Wilkinson Esq., of Belfast and Annabella Shaw, daughter of William Shaw, Esq., of Holden's Valley, County Down...
(1881-1897) - Hiram Parkes WilkinsonHiram Parkes WilkinsonHiram Parkes Wilkinson, BCL, KC served as Crown Advocate of the British Supreme Court for China and Japan from 1897 to 1925. He was also Acting Assistant Judge of the British Court for Siam from 1903 to 1905 and Judge of the British High Court for Weihaiwei from 1916 to 1925...
(1897-1925) (also Judge of the British High Court for Weihaiwei (1916-1925)) - Allan George Mossop (1925-1933)
- Victor Priestwood (1934-1939)
- John McNeill (1939-1942)
Hiram Parkes Wilkinson was the son of Hiram Shaw Wilkinson. Together they served as Crown Advocate for a total of 44 years.