Sino-British Treaty for the Relinquishment of Extra-Territorial Rights in China
January 31, 2023
The Sino-British Treaty for the Relinquishment of Extra-Territorial Rights in China,[1] or the Sino-British New Equal Treaty, was a bilateral treaty concluded between the British and the Chinese governments in Chungking (Chongqing) on 11 January 1943. The formal name of the treaty was Treaty Between His Majesty in Respect of the United Kingdom and India and His Excellency the President of the National Government of the Republic of China for the Relinquishment of Extra-Territorial Rights in China and the Regulation of Related Matters.[2]
Sino-British Treaty for the Relinquishment of Extra-Territorial Rights in China
Treaty Between His Majesty in Respect of the United Kingdom and India and His Excellency the President of the National Government of the Republic of China for the Relinquishment of Extra-Territorial Rights in China and the Regulation of Related Matters
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 United States and China concluded a similar treaty on the same day.
Ratifications were exchanged in Chungking on 20 May 1943, and the treaty became effective on the same day. It was registered in the League of Nations Treaty Series on 30 September 1944.[3]
China – the cake of Kings and Emperors cartoon showing Britain, Germany, Russia, France and Japan dividing China
Since the Treaty of Nanjing, concluded in 1842, the British government enjoyed extra-territorial rights in China, which included mainly commercial rights for British companies and extra-territorial rights for British nationals in China.[4] 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-U.S. military cooperation following the Japanese invasion of China in 1937 and later during the Second World War. On 18 July 1940, British Prime Minister Winston Churchill declared in Parliament his government's intention of relinquishing extra-territorial rights in China once peace was concluded.[5] 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 U.S. position. Already in March 1942, agreement was reached among State Department officials regarding the need to modify existing agreements with the Chinese government in the latter's favour in order to improve relations.[6] On 25 April 1942, the British government sounded its positions on the matter in a memorandum to the U.S. government, in which it agreed to abolish extra-territorialjurisdiction in principle, but suggested to postpone negotiations to that effect until the end of the war.[7] On 6 May 1942, the U.S. 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.[8] On 27 August 1942, U.S. Secretary of State Cordell Hull 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 U.S. as U.S. nationals in China.
Reciprocity in consular representation for the U.S. 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 U.S. government began pressing London to start negotiations with Chongqing right away, fearing lest waiting until the war's end will strengthen Chinese public pressures to adopt stiffer positions vis-a-vis the U.S. and British governments. On 3 October 1942, the U.S. government submitted to the British government a draft U.S.-Chinese treaty based on Hull's proposal of 27 August.
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.[9]
As a result of U.S. 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 9 October the U.S. and British governments officially notified the Chinese government of their initiative to that effect.
Negotiations eventually led to the conclusion of two similar treaties in January 1943 between China and the U.K. and U.S. respectively for the relinquishment of extra-territorial rights in China.
Terms of the treaty
The wording of the treaty was similar to the proposal made by Hull on 27 August 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 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 Japaneseoccupation).
Article 4 terminated all British administrations and control in Shanghai, Amoy (Xiamen), Tientsin (Tianjin) and Canton (Guangzhou) (which were under Japanese occupation at the time).
Article 5 secured the existing rights and titles to real property possessed by British nationals and companies in China, under protection of the Chinese Government subject to 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.
Chiang Kai-Shek attempted to put the issue of Hong Kong onto the two parties' agenda, suggesting that the Kowloon concession should be returned to the Republic of China along with the other foreign concessions. This was fiercely rejected by the United Kingdom's prime minister at the time, Winston Churchill. The United Kingdom also demanded that the Republic of China give their written consent that the Kowloon concession was not included within the unequal treaties, or else they would refuse to sign, so the Republic of China was forced to drop the concession of Kowloon from the agenda. The two sides signed the treaty, with the Republic of China writing a formal letter to the United Kingdom and securing the right to raise the issue of Hong Kong on a later occasion.[10]
Notes
^Treaty for the Relinquishment of Extra-Territorial Rights in China 30 September 2012 at the Wayback Machine
^Strauss, Michael J, Territorial Leasing in Diplomacy and International Law, Leiden: Brill Nijhoff, p. 248
^League of Nations Treaty Series, vol. 205, pp. 70-107.
^Shin Shun Liu, Extraterritoriality: Its Rise and Decline (1925)
^Memorandum by Chief of the Division of Far Eastern Affairs (Maxwell Hamilton), 27 March 1942, Foreign Relations of the United States, 1942 China, pp. 271-274.
^Secretary of State to the British Ambassador, 6 May 1942, ibid, pp. 277-278.
^U.S. Ambassador in London to the Secretary of State, 15 September 1942, ibid, p. 293.
^大陸委員會 (22 March 2009). "中華民國大陸委員會". 大陸委員會. Retrieved 11 June 2020.
External links
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January 31, 2023
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The Sino British Treaty for the Relinquishment of Extra Territorial Rights in China 1 or the Sino British New Equal Treaty was a bilateral treaty concluded between the British and the Chinese governments in Chungking Chongqing on 11 January 1943 The formal name of the treaty was Treaty Between His Majesty in Respect of the United Kingdom and India and His Excellency the President of the National Government of the Republic of China for the Relinquishment of Extra Territorial Rights in China and the Regulation of Related Matters 2 Sino British Treaty for the Relinquishment of Extra Territorial Rights in ChinaTraditional Chinese中英關於取消英國在華治外法權及處理有關特權條約Simplified Chinese中英关于取消英国在华治外法权及处理有关特权条约TranscriptionsStandard MandarinHanyu PinyinZhōng Ying guanyu Qǔxiao Yingguo zai Hua Zhiwaifǎquan ji Chǔlǐ yǒuguan Tequan TiaoyueWade GilesChung Ying kuan yu ch u hsiao Ying kuo tsai Hua Chih wai fa ch uan chi ch u li yu kuan t e ch uan T iao yuehSino British New Equal TreatyTraditional Chinese中英平等新約Simplified Chinese中英平等新约TranscriptionsStandard MandarinHanyu PinyinZhōng Ying Pingdeng XinyueWade GilesChung Ying P ing teng Hsin yuehTreaty Between His Majesty in Respect of the United Kingdom and India and His Excellency the President of the National Government of the Republic of China for the Relinquishment of Extra Territorial Rights in China and the Regulation of Related MattersTraditional Chinese聯合王國及印度國王陛下和中華民國國民政府主席閣下關於放棄在中國治外法權有關事項的規定的條約Simplified Chinese联合王国及印度国王陛下和中华民国国民政府主席阁下关于放弃在中国治外法权有关事项的规定的条约TranscriptionsStandard MandarinHanyu PinyinLianhewangguo ji Yindu Guowang Bixia he Zhōnghua Minguo Guominzhengfǔ Zhǔxi Gexia guanyu Fangqi zai Zhōngguo Zhiwaifǎquan yǒuguan Shixiang de Guiding de TiaoyueWade GilesLien ho wang kuo chi Yin tu Kuo wang Pi hsia ho Chung hua Min kuo Kuo min cheng fu Ke hsia kuan yu Fang ch i tsai Chung kuo Chih wai fa ch uan yu kuan shih hsiang te Kui ting te T iao yuehThe deputations which signed the treaty Front row from left Wellington Koo Horace James Seymour T V Soong Hugh Edward Richardson and Wu Guozhen 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 United States and China concluded a similar treaty on the same day Ratifications were exchanged in Chungking on 20 May 1943 and the treaty became effective on the same day It was registered in the League of Nations Treaty Series on 30 September 1944 3 Contents 1 Background 2 Terms of the treaty 3 Hong Kong 4 Notes 5 External linksBackground EditMain article Unequal treaty China the cake of Kings and Emperors cartoon showing Britain Germany Russia France and Japan dividing China Since the Treaty of Nanjing concluded in 1842 the British government enjoyed extra territorial rights in China which included mainly commercial rights for British companies and extra territorial rights for British nationals in China 4 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 U S military cooperation following the Japanese invasion of China in 1937 and later during the Second World War On 18 July 1940 British Prime Minister Winston Churchill declared in Parliament his government s intention of relinquishing extra territorial rights in China once peace was concluded 5 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 U S position Already in March 1942 agreement was reached among State Department officials regarding the need to modify existing agreements with the Chinese government in the latter s favour in order to improve relations 6 On 25 April 1942 the British government sounded its positions on the matter in a memorandum to the U S 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 7 On 6 May 1942 the U S 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 8 On 27 August 1942 U S Secretary of State Cordell Hull 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 U S as U S nationals in China Reciprocity in consular representation for the U S 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 U S government began pressing London to start negotiations with Chongqing right away fearing lest waiting until the war s end will strengthen Chinese public pressures to adopt stiffer positions vis a vis the U S and British governments On 3 October 1942 the U S government submitted to the British government a draft U S Chinese treaty based on Hull s proposal of 27 August 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 9 As a result of U S 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 9 October the U S and British governments officially notified the Chinese government of their initiative to that effect Negotiations eventually led to the conclusion of two similar treaties in January 1943 between China and the U K and U S respectively for the relinquishment of extra territorial rights in China Terms of the treaty EditThe wording of the treaty was similar to the proposal made by Hull on 27 August 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 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 Japanese occupation Article 4 terminated all British administrations and control in Shanghai Amoy Xiamen Tientsin Tianjin and Canton Guangzhou which were under Japanese occupation at the time Article 5 secured the existing rights and titles to real property possessed by British nationals and companies in China under protection of the Chinese Government subject to 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 Hong Kong EditMain article Hong Kong Taiwan relations Chiang Kai Shek attempted to put the issue of Hong Kong onto the two parties agenda suggesting that the Kowloon concession should be returned to the Republic of China along with the other foreign concessions This was fiercely rejected by the United Kingdom s prime minister at the time Winston Churchill The United Kingdom also demanded that the Republic of China give their written consent that the Kowloon concession was not included within the unequal treaties or else they would refuse to sign so the Republic of China was forced to drop the concession of Kowloon from the agenda The two sides signed the treaty with the Republic of China writing a formal letter to the United Kingdom and securing the right to raise the issue of Hong Kong on a later occasion 10 Notes Edit Treaty for the Relinquishment of Extra Territorial Rights in China Archived 30 September 2012 at the Wayback Machine Strauss Michael J Territorial Leasing in Diplomacy and International Law Leiden Brill Nijhoff p 248 League of Nations Treaty Series vol 205 pp 70 107 Shin Shun Liu Extraterritoriality Its Rise and Decline 1925 Churchill statement in Parliament Memorandum by Chief of the Division of Far Eastern Affairs Maxwell Hamilton 27 March 1942 Foreign Relations of the United States 1942 China pp 271 274 Aide Memoire 25 April 1942 ibid pp 276 277 Secretary of State to the British Ambassador 6 May 1942 ibid pp 277 278 U S Ambassador in London to the Secretary of State 15 September 1942 ibid p 293 大陸委員會 22 March 2009 中華民國大陸委員會 大陸委員會 Retrieved 11 June 2020 External links EditText of the treaty PDF Retrieved from https en wikipedia org w index php title Sino British Treaty for the Relinquishment of Extra Territorial Rights in China amp oldid 1110404849, 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