Consular Jurisdiction: Its Place in the Present Clamor for the Abolition of Treaties

Abstract

Since Dr. Sun Yat-sen, late president of Kuomintang, specifically instructed us to abolish the unequal treaties, the whole nation has been most sincere in following his instructions. The recovery of the concessions in Hankow and Kiukiang in 1926, the conversion of the Mixed Court in the International Settlement in Shanghai to a provisional court under China's judicial system in 1927, and the recent revision of treaties with twelve nations are definite accomplishments in this direction. The unjust system has already broken down, and a new era is open in the history of China's foreign relations. However, we must know that we should not consider this partial success and the inadequate revisions as satisfactory; our ultimate object must be the total abolition of the unequal treaties. The unequal treaties operate in many ways: tariff restriction, consular jurisdiction, concessions and settlements, leased territories, foreign military guards in China, foreign factories in China, postal administration, radio stations and the inland river navigation, etc. Among these the tariff restrictions and consular jurisdiction constitute the gravest violation of our sovereignty and inflict upon our country the greatest insult. Our rights are forfeited and our finance is restricted. Since the special conference on tariff autonomy in 1925, the question has been under constant discussion and negotiation. As a result, tariff autonomy was officially declared on the 1st of February this year. While the problems are by no means solved a good beginning is made. Regarding consular jurisdiction the situation is different. In spite of the fact that a movement for its abolition was initiated in 1902, and a proposal to this effect was made both at the Paris Peace Conference and at the Washington Conference, yet the report of the commission in 1926 stopped with a repetition of the former condition that a perfect legal system should materialize first. So up to this day, we are unable to realize our fond hope of abolishing consular jurisdiction. When the time will come is very uncertain. Since the Nanking Road incident on the 30th May (1925), the outcry for the abolition of extraterritoriality has become louder and steps towards its accomplishment are more vigorous day by day. At present it has aroused the whole nation. Some young students have even committed suicide in their moments of indignation, but the officials in the Ministry of Foreign Affairs have been entirely puzzled, knowing not how to solve this problem. In these days when humanity is supposedly enlightened, the existence of such an illegitimate system should not be allowed. However, the imperialists are still intending to uphold and maintain their special privileges, the while making untenable excuses of one kind or another. It should be known that China of today is not that of 20 years ago when she was goaded by England to effect legal reforms, or that of 80 years ago when consular jurisdiction was first conceded to the treaty nations. Therefore, no matter from what vantage points one views the situation, consular jurisdiction should be abolished. But at the present time