EXTRATERRITORIALITY

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étant  que,  pour  la  répression  des  crimes  et  délits  commis
par  eux  dans  les  cinq  ports,  les  Français  seront  constamment ­
  régis  par  la  loi  française.”
The  underlying  principle  was  more  clearly  expressed  in
the  Chefoo  Convention  (1876)  between  Great  Britain  and
China,  and  again  in  the  American  Supplemental  Treaty  of
Peking  (1880)  ;  in  the  latter,  Article  IV.  reads  as  follows  :—
“  When  controversies  arise  in  the  Chinese  Empire
between  citizens  of  the  United  States  and  subjects  of
His  Imperial  Majesty  which  need  to  be  examined  and
decided  by  the  public  officers  of  the  two  nations,  it
is  agreed  between  the  Governments  of  the  United  States
and  China  that  such  cases  shall  be  tried  by  the  proper
official  of  the  nationality  of  the  defendant.  The
properly  authorised  official  of  the  plaintiff’s  nationality
shall  be  freely  permitted  to  attend  the  trial,  and  shall
be  treated  with  the  courtesy  due  to  his  position.  He
shall  be  granted  all  proper  facilities  for  watching  the
proceedings  in  the  interests  of  justice.  If  he  so  desires,
he  shall  have  the  right  to  present,  to  examine,  and  to
cross-examine  witnesses.  If  he  is  dissatisfied  with  the
proceedings,  he  shall  be  permitted  to  protest  against
them  in  detail.  The  law  administered  will  be  the  law
of  the  nationality  of  the  officer  trying  the  case.”
This  is  the  principle  adopted  since  that  time  in  all
treaty  negotiations  entered  into  with  China  by  each  one  of
the  treaty  powers,  which,  in  the  order  of  the  dates  of  the
first  treaty  with  each,  are  Russia,  Great  Britain,  the  United
States,  France,  Belgium,  Sweden  and  Norway,  Germany,
Denmark,  the  Netherlands,  Spain,  Italy,  Austria-Hungary,
Japan,  Peru,  Brazil,  Portugal,  and  Mexico.
This  is  extraterritoriality,  secured  by  two  wars  and  by
treaties  with  seventeen  powers,  each  one  of  which  must
consent  to  its  abrogation  or  modification.  By  it  the
oreigner  resident  in  China  is  subject  to  no  one  provision  of
t  e  law  of  China,  either  as  to  his  person  or  to  his  property,
ut  at  all  times  and  in  all  places  is  entitled  to  the  protection
of  his  own  national  law  administered  by  his  own  national