Unequal treaty in practice: A story about Article 23 of the treaty of Tientsin

Abstract

Despite the wealth of research on cross-border activities between China proper and Hong Kong, little has been discussed about the ‘civil fugitives’ who fled from one side to the other during Hong Kong’s early colonial period. Chinese debtors who absconded to China created jurisdictional problems for Hong Kong. The addition of Article 23 in the Treaty of Tientsin was an attempt to solve this issue, and this article explores what the discussions on Article 23, particularly those from 1905 to 1907 among British colonial officials and diplomatic agents, reveal about the characteristics of colonial jurisdiction under international law. In this case, colonial jurisdiction was limited solely to the territory of Hong Kong. Proposals to amend Article 23 attempted to remove the territorial barrier and establish personal jurisdiction for the colonial government in Hong Kong, similar to extraterritorial rights in Qing China.