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The British Supreme Court for China (originally the British Supreme Court for China and Japan) was a court established in the Shanghai International Settlement to try cases against British subjects in China, Japan and Korea under the principles of extraterritoriality. The court also heard appeals from consular courts in China, Japan and Korea and from the British Court for Japan which was established in 1879. ==History of the Court== Britain had acquired extraterritorial rights in China under the Treaty of Nanking in 1842. The United States obtained further extraterritorial rights under the Treaty of Wanghsia, which Britain was able to take advantage of under the Most Favoured Nation provision in a Supplemental Agreement to the Treaty of Nanking. Subsequently, under the Treaty of Tientsin,〔, ratified in 1860〕 these rights were provided for directly in a Sino-British Treaty. In 1858, Britain obtained extraterritorial rights in Japan under the Anglo-Japanese Treaty of Amity and Commerce. The Treaty of Tientsin specified how such jurisdiction was to be governed: #Disputes between British subjects would "be subject to the jurisdiction of the British authorities."〔Treaty of Tientsin, art. XV〕 #For criminal acts, Chinese subjects would be arrested and punished by the Chinese authorities, according to Chinese law. In similar fashion, British subjects tried and punished by the Consul, "or other public functionary authorized thereto," according to British law.〔Treaty of Tientsin, art. XVI〕 #Where a British subject wished to lodge a complaint against a Chinese subject, or ''vice versa'', it had to be presented to the British consul, who would "do his utmost to arrange it amicably." Failing that, "he shall request the assistance of the Chinese authorities, that they may together examine into the merits of the case, and decide it equitably."〔Treaty of Tientsin, art. XVII〕 #In civil matters, Chinese authorities would enforce debts owed by Chinese subjects to British subjects, and British authorities would do likewise for those owed by British subjects to Chinese subjects.〔Treaty of Tientsin, art. XXII〕 Jurisdiction in the first instance, as well as in matters involving British defendants, was vested in the British consular courts, while in the Shanghai International Settlement matters relating to criminal acts and debt enforcement involving Chinese defendants were vested in a "Mixed Court" (', later known as ). Matters relating to complaints were not considered to be judicial. Appeals from British consular courts initially went to the Supreme Court of Hong Kong, which gradually became unpopular as British economic activity rose in the Yangtse valley. The establishment of the British Supreme Court for China and Japan〔''The China and Japan Order in Council, 1865'', 〕 was not challenged from any official quarter in China, as it was seen to be not only a way to more efficiently try matters close to the scene, but also to allow Qing officials to exert direct pressure on British authorities when they were not satisfied with a sentence. In 1879, reflecting the growing British commercial interests in Japan and the inconvenience of bringing a first instance action in Shanghai, the British Court for Japan was established in Kanagawa (now part of Yokohama) with first instance jurisdiction in Japan.〔''The China and Japan Order in Council, 1878'', 〕 The Court for Japan also heard appeals from consular courts in Japan. Appeals from the Court for Japan were heard by the Chief Justice and Judge of the Supreme Court in Shanghai. The United Kingdom later obtained extraterritoriality in Korea as a result of the United Kingdom–Korea Treaty of 1883. The court's jurisdiction was subsequently extended there in 1884, but the court's name remained unchanged.〔''China, Japan, and Corea Order in Council, 1884'', , as amended by the ''China, Japan, and Corea Order in Council, 1886'', 〕 Under the terms of the Anglo-Japanese Treaty of Commerce and Navigation of 1894, Britain gave up extraterritorial rights in Japan with effect from July 1899. The court was renamed the British Supreme Court for China and Corea in 1900.〔''The China and Corea (Supreme Court) Order in Council, 1900'', 〕 The Court for Japan officially heard its last case, which had been filed before the end of July 1899, in early 1900. Under the Japan-Korea Treaty of 1910, Korea was annexed by Japan and Britain automatically lost extraterritorial rights in Korea. The court was, in January 1911, renamed the "British Supreme Court for China".〔''The Corea Order in Council, 1911'', 〕 In the 1920s there were negotiations with China to give up extraterritorial rights. In 1930 and 1931, after the Kuomingtang consolidated their rule in China, Britain reached an agreement in principle with the Chinese Foreign Minister to give up extraterritorial rights. The Japanese invasion of Manchuria in 1931 and then Northern China in 1937 put the issue on the backburner. The Court effectively ceased to function on 8 December 1941 when the Japanese Navy occupied the court premises at the start of the Pacific War. After 9 months internship, either at home or in the Cathay Hotel (now the Peace Hotel), the judges and British staff of the court were evacuated to Britain aboard the SS ''Narkunda''.〔Report from Allan Mossop, Judge, to the Secretary of State of Foreign Affairs, dated 24 September 1942 FO369/2719〕 It was, however, only in 1943 during World War II that Britain gave up extraterritorial rights in China under the British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China 〔(【引用サイトリンク】url = http://treaties.fco.gov.uk/docs/pdf/1943/TS0002.pdf )〕 signed on 11 January 1943 and which came into force on 20 May 1943.〔''The China Order in Council, 1943'', 〕 The United States gave up its extraterritorial rights at the same time. The court therefore had had jurisdiction over British subjects in Korea for 27 years; in Japan for 34 years and in China for 78 years when the court was finally dissolved in 1943. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「British Supreme Court for China」の詳細全文を読む スポンサード リンク
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