793.003/703: Telegram
The Minister in China (Johnson) to the Secretary of State
My May 25, 2 p.m.59
1. As the result of long discussion yesterday morning British Minister and Dr. Wang reached an understanding which British Minister has reduced to following draft article and which he has presented to Wang this morning and telegraphed to his Government.
Subjects of His Majesty in the area of greater Shanghai, as shown on the attached map, shall not be amenable to the jurisdiction of the [Page 865] Chinese courts during a period of 10 years from the date of the coming into force of the present treaty, provided always that a settlement of the question of jurisdiction in the said area may be reached by negotiation and agreement between the two high contracting parties at any time after the expiry of 5 years from the same date. Subjects of His Majesty in the area at Tientsin shown on the attached map shall not be amenable to the jurisdiction of the Chinese courts during the 5 years from the date of the coming into force of the present treaty. Subjects of His Majesty in the areas above stated shall be liable for the payment of Chinese taxation as provided in article 6 of the present treaty, provided such taxation is equally paid by Chinese citizens and other foreign nationals in the said areas.
Exchange of notes. His Majesty’s Minister to the Minister for Foreign Affairs:
[“]Sir, with reference to article 16 of the treaty concluded between us today, I have the honor to inform Your Excellency that His Majesty’s Government in the United Kingdom are prepared to support immediate negotiations for a solution of the question of the extra-Settlement roads at Shanghai subject to satisfactory arrangements being made in regard to the policing and maintenance of the said roads and the payment [of] rates and provisions of municipal services in the areas in question. I have further the honor to declare that His Majesty’s Government in the United Kingdom are prepared to enter immediately into negotiations for the rendition of the British Concession at Canton on the understanding that all public and private property rights and interests will be duly safeguarded in the terms of such rendition.
I have the honor to request Your Excellence’s confirmation of my understanding that the jurisdiction of the British courts in the areas specified in article 16 above will continue in force as long as subjects of His Majesty, in the said areas, are not amenable to the jurisdiction of the Chinese courts; and further that under the provisions of article 18 of the treaty subjects of His Majesty resident in areas in China in which Chinese administrative jurisdiction does not at present apply will enjoy under such exemptions from Chinese jurisdiction as may be enjoyed by the nationals of any country.”
Minister for Foreign Affairs to His Majesty’s Minister:
“Sir, I have the honor to acknowledge receipt [of] Your Excellency’s note of today’s date which reads as follows (here follows note in full).
I have the honor to take due note of Your Excellency’s declarations and to confirm your understanding quoted above as correct.”
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