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British Extra-territoriality

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Chapter Summary

Extra-territoriality is sometimes presented in Christian versus non-Christian terms and some contemporary Westerners did talk in terms of the superiority of Christian moral values. The implicit quid pro quo for extra-territoriality (which the Japanese articulated more explicitly over time) was that Britain would provide effective recourse for Japanese subjects against, and maintain peace and order amongst, British subjects. The first Japan Order in Council regulating British jurisdiction in Japan was made on 3 March 1859 (OC1859). OC1859 had been prepared by the Law Officers on the basis of precedents for China and Thailand, especially the latter as the Foreign Secretary, the Earl of Malmesbury, had indicated that the situation in Japan was closer to that in Thailand. Community involvement in the judicial process-criminal and civil- was introduced into the more important cases through Assessors and juries by OC1861 and OC1865.

Keywords: British jurisdiction; China; christian; extra-territoriality; Japanese; OC1859; OC1861; OC1865; Thailand; westerners

10.1163/9789004258556_002
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