Colonialism and Compromise: The Shanghai Municipal Police and the Arrest of Communists, 1927–37

Abstract

AbstractThe Shanghai Municipal Council (SMC), which was mainly controlled by British residents in the treaty port of Shanghai, and protected by the British Foreign Office, came under serious challenge from the Guomindang (GMD) (the rising Nationalist Party of China) from 1927 onwards. The Shanghai Municipal Police (SMP)—an imperial police force with powers to arrest, prosecute and detain—was forced to collaborate with the GMD, and practice unlawful arrest, extradition and re-indoctrination of Communist suspects and convicts. This resulted in the erosion of state powers and the management of prisons. This article argues that the dismantling of British colonialism began to take place in Shanghai during the inter-war period at the expense of some English legal conventions, as demonstrated by SMP violations of existing legal practices and humanitarian commitments. Second, it also suggests that English judicial conventions had an unintended impact on some Chinese civilians, who were keen to safeguard their rights during their detention and trial in and beyond the Shanghai Legation. This article, therefore, offers a new periodisation of British decolonisation and a re-examination of colonial legacy in East Asia.