EXTRATERRITORIALITY  i8i
the  value  of  the  property  stolen  ;  for  a  third  offence,
they  shall  be  punished  by  death.
The  supplementary  treaty  of  Kiakhta,  signed  in  1768,
contained  minute  stipulations  for  the  arrest  and  extradition
of  criminals,  but  includes  this  provision  :—
“  The  subjects  of  the  Middle  Kingdom  (China)  who
shall  have  committed  acts  of  brigandage  shall  be
delivered,  without  distinction  of  persons,  to  the  tribunal
which  governs  the  outer  provinces  and  punished  with
death  ;  the  subjects  of  the  Oros  (Russia)  shall  be
delivered  to  their  senate,  to  undergo  the  same  penalty.”
Here  then,  from  one  to  two  centuries  before  the  first  of
the  treaties  with  any  of  the  maritime  powers,  we  have  the
principle  of  extraterritoriality  accepted  :  the  penalties  are
prescribed  by  negotiation  between  the  two  powers  concerned, ­
  but  the  culprits  are  to  be  handed  over  to  their
own  natural  authorities—are  to  be  judged  and  condemned
according  to  the  legal  procedure  of  their  native  land.
The  British  treaty  of  Nanking,  signed  in  1842,  as  the
result  of  the  war  of  that  year,  contained  provisions  for  uniformity ­
  of  Customs  duties  and  equality  of  treatment  for
British  officials  ;  but  the  only  reference  to  Consular  jurisdiction ­
  is  found  in  Art.  II.,  to  the  effect  that  Consuls  are
“to  be  the  medium  of  communication  between  the
Chinese  authorities  and  the  said  merchants,  and  to  see
that  the  just  duties  and  other  dues  of  the  Chinese
Government  as  hereafter  provided  for  are  duly  discharged ­
  by  Her  Britannic  Majesty’s  subjects.”
The  supplementary  treaty  of  Hoomunchai  (1843)  contains
provisions  for  extradition,  and  annexed  to  it  are  some
'  General  Regulations  under  which  British  trade  is  to  be
conducted  at  the  five  ports  of  Canton,  Amoy,  Foochow,
Ningpo,  and  Shanghai  ”  which  had  been  published  at  Hongkong ­
  by  a  proclamation  issued  on  July  22,  1843,  by  Sir
Henry  Pöttinger,  Minister  Plenipotentiary  and  Superintendent
of  Trade.  Of  these  Regulations,  No.  XIII.,  after  stipulating
that  “  disputes  shall  be  arranged  amicably,”  i.e.  by  arbitration, ­
  makes  the  following  provision  :—