Page:United States Statutes at Large Volume 47 Part 2.djvu/1123

 CHINESE COURTS-INTERNATIONAL SETTLEMENT. Agreement by diplomatic repr6BentatiV68 in China oj tM United Statu oj America Brazil, Franu, Gr6a'l Britain, NfltMrlands, afUl Nor- way, with. ,k; Minister Jor Foreign Affair8 oj Okina for Okinu6 courts in 'M InternatiOnal Settlement at Shanghai, with. affacMd note8 and a 'Unilateral declaration. Signed February 17,1980. 2718 February 17, 11130. AGREEMENT RELATING TO THE CHINESE COURTS IN &oTarmstroBot (talk) THE INTERNATIONAL SETTLEMENT AT SHANGHAI. t~eo~::= ARTICLE I From the date on which the present Agreement comes into force, F all former rules, agreements, exchanges of notes et cetera having Dl8D •a . special reference to the establishment of a Chinese court in the International Settlement at Shanghai shall be abolished. ARTICLE II The Chinese Government shall, in accordance with Chinese laws J)=ctB~O:: and regulations relating to the Judiciary and subject to the tenns .tabJiabed. of the present A2reement, establish in the International Settlement at Shanghai a District Court (Ti Fallg Fa Yuan) and a Branch High Court (Kao Teng Fa Yuan Fen Yuan). . A ll Chinese laws and ~':'ineee laW\! appIl- regulations, substantive as well as procedural, which are now in force, or which may hereafter be duly enacted and promulgated shall be ap{)licable in the Courts, due account being taken of ilie Land Regu- lations and Bye-Laws of the International Settlement, which are applicable pending their adoption and promulgation by the Chinese Government, and of the tenns of the present Agreement. Judgments, decisions and rul.in2S of the Branch High Court are Appeals. subject to appeal, according to Cllinese law, to the Supreme Court of China. ARTICLE III The former practice of Consular deputies or Consular officials ti°n:lrt!ed.bewnn. appearing to watch proceedings or to sitjointly in the Chinese court e .,' s now functioning in the International Settlement shall be discon- tinued in the Courts established under the present Agreement. ARTICLE IV When any person is arrested by the municipal or judicial police, he shall, within twenty-four hours, exclusive of holidays, be sent to the Courts established under the present Agreement to be dealt with, failing which he shall be released. ARTICLE V Prompt trIaIa. The Courts established under the present ~ment shall each Procurators. apo have a certain number of procurators to be appomted by the Chinese pointmeot, duU.. etc. Government, who shall hold inquests and autopsies (Chien Yen) within the jurisdiction of these Courts and shall otherwise perform