Evening star., 1921-11-26

Snind position WIN REGARD 10 en-
traterritoriality and the maintenance
of post Offices bs' foreign nations
within her borders was explained yes
terday in detail to the Washington
conference. meeting in committee on
the far east.
DR.. Chung-hui-wang Of the su-
preme court of China addressed the
conference on the subject Of eXtrater-
ritoriality, and Mr.. SEE, the Chinese
minister. dealt with the matter of
foreign post Offices.
DIR. hung-hui-Wang's statement
was. in part. as follows:
"EXtraterritOriality in China dates
back almost to the beginning Of trea-
ty relations with foreign countries.
1t was clearly laid down in the treaty
of 1874 between the United States and
China, and a similar provision has
since been inserted in the treaties
with other powers. EXtraterritorial
rights were granted at time when
there were only five treaty ports
that is. places where foreigners could
trade and reside. Now there are fifty
such places and an equal number of
places open to foreign trade on
China's own initiative. This means
an everincreasing number of persons
within her territory over whom she is
almost pOwerIess. ] should like to
point out a few of the serious Objec-
uons to the extraterritorial system.
DerOEatiOn Of Rights.
I'm the first place. it is in deroga-
ton Of China's sovereign rights and
Is regarded by The Chinese people as
a national humiliation
-. There is a multiplicity or courts
IN one and the same locality. and the
lnterrelation of such courts has given
rise to legal situa ton which is per-
picking both to the trained lawyer
and to the layman.
j. The disadvantage arising from
the uncertainty Of the law. The gen.
eral rule is that the law to be applied
III given case is the law of the de-
iendants nationality, and SO in a
commercial transaction between. say
and of ferent nationaIities, the
rights and Liabilities Of the parties
vary according as y sues first or
sues X first
\. When causes action. civil or
criminal. arise i'll which foreigners
are defendants. it is necessary for
adjudication that they shall be carried
TO the nearest consular court, which
may be many miles away. and
so II often happens that il is prac-
tlcally Impossible to obtain the at
tendance of the necessary witnesses
or to produce other necessary evil
denCe.
Claim Immunity From Taxes.
-. FINALLY. ii is a further disad-
vantage to the Chinese that foreign
ers In China under cover Of extrater-
rltoriality claim immunity from loccaI
taxes and excuses which the Chinese
are required to pay.
Until the system is abolished or
SUBSTANTIALLY modified il is ineXpedi-
ent Tor China 10 open her entire terri
tory to foreign trade and commerce
The evils of the existing system have
been so obvious that Great Britain in
l9O2, Japan and the United States in
1909 and Sweden in 1908 agreed subject
TO certain conditions to reIinquish their
extraterritorial rights. Twenty years
have elapsed since the conclusion of
these treaties. and. while il is a mat
ter OF opinion as to whether or not
the state of China's laws has attained
the standard to which she is expected
70 conform. il is impossible to deny
that China has made great progress
on the path of legal reform A few
Iacts VIII suffice for the present. A
law codif1cation commission for the
compilation and revision Of laws has
neen sitting since 1904. Five codes
nave been prepared, some Of which
nave already been put into force.
FIRST. The civil code tstill in course
OF revision: second. criminal code (in
force since 1929: third code of civil
procedure: fourth. code of criminal
procedure (both of which have lust
been promulgated) fifth. commercial
code. part of which has been put into
force. These codes have been pre-
pared with the assistance of foreign
experts and are based mainly on the
principles of modern jurisprudence
among the numerous Supplementary
laws may be especially mentioned !,
law or 1918. called rules for the an
piication of foreign law" which deals
with matters relating to private in
ternatonal law. Under these rules
foreign law is given ample applica-
tion. Then there is a new system of
law courts. established in 1910. The
Judges are all modern trained law
yers. and no one can De appointed a
Judge unless he has attained the
requisite legal training.
Asks Relinquishinx Of Rights.
The Chinese delegation therefor.
ASKS that the powers now represented
IN th;S conference agree to relinUuish
their eXtraterritorial rights in CHINA
at the end of a definite period. Mean
while, the Chinese delegation pro
poses that the powers represented AT
canes. Most OF them wear goloshes.