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67-689: The May Thirtieth Movement Monument is an outdoor sculpture and memorial commemorating to the May Thirtieth movement , installed at People's Park in Shanghai , China. The steel sculpture was installed just south of Nanjing Road in the 1990s. It depicts a flame and the two characters for 五 and 卅. Behind the sculpture is a bas relief explaining, in Chinese, the events that took place in 1925. In 2008, Shanghaiist wrote, "we wouldn't recommend it. The city's homeless population apparently fails to grasp
134-606: A Canadian engaging in sexual activity with a person above age of consent in a jurisdiction which is lower than Canada's, they will be prosecuted according to Canadian law. For example, in Poland where the age of consent is 15, were a Canadian adult to participate in such an activity, they would be prosecuted in Canadian law regardless of what local law says, for a crime committed outside Canadian jurisdiction. The same applies to China: restrictions on freedom of speech, such as criticism of
201-549: A bilateral status of forces agreement. In maritime law , a ship in international waters is governed by the laws of the jurisdiction in which that ship is registered. This can be conceived of as a form of extraterritoriality, where a nation's jurisdiction extends beyond its border. During the 13th and 14th centuries, the Italian sea republics of Genoa , Venice and Pisa obtained extraterritoriality for their merchants who operated in designated quarters ( Pera and Galata ) in
268-400: A demonstrator named Ku Cheng-Hung (顾正红; pinyin : gù zhèng-hóng). Over the following weeks Ku Chen-Hung became viewed as a martyr by Chinese unions and student groups. Numerous protests and strikes subsequently began against Japanese-run industries. A week later a group of Chinese students, heading for Ku's public "state" funeral and carrying banners, were arrested while traveling through
335-546: A formal distinction between criminal and civil law. While efforts at legal reform were pursued in earnest in the last decade of the Qing dynasty, what was actually achieved failed to meaningfully address this lack of law in the areas of contracts, trade, or commerce. After the collapse of the Chinese government in 1911 and the ensuing administrative vacuum, the Chinese members of the Mixed Court were subsequently appointed by
402-625: A government led by the generally unpopular statesman Duan Qirui in November 1924. Though victorious, the war left Zhang's central government bankrupt and Duan exercised little authority outside Beijing. Authority in the north of the country was divided between Zhang and Feng Yuxiang , a Soviet Union -backed warlord, and public support for the northern militarists soon hit an all-time low, with southerners openly disparaging provincial governors as junfa (warlords). With his monarchist leanings and strong base in conservative Manchuria , Zhang represented
469-489: A letter to his cousin dated 6 September 1860. Unequal treaties were later signed with 12 other European powers and with Japan. Extraterritoriality came to end in 1917 with respect to the German Empire and Austria-Hungary . In 1925–1926, the treaties were revised to provide for consular jurisdiction to be terminated, and nationals of the parties to the treaty were to come under the jurisdiction of Thai courts after
536-463: A long-standing legal edifice". Jurisdiction in Qing China , with differential treatment for Han and Manchu subjects, was not determined by geography, but rather, by the identity of the subjects. For example, the ruling Manchu elite possessed legal privileges which placed them outside the jurisdiction of local ethnically Chinese administrators. Before the 1842 Treaty of Nanking , which ended
603-597: A tendency in the Qing legal order to impose collective responsibility; they were also resentful of the Qing practice of meting out capital punishment in cases of accidental manslaughter". After the Lady Hughes Affair – a controversial 1784 case where a British gunner was executed for killing two Chinese subjects – East India Company officials generally spirited away Britons before Qing officials could react. Grants of extraterritoriality were regular in China. In
670-610: Is the immunity granted to diplomatic missions , military bases of foreign countries, or offices of the United Nations . The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government , the persons and belongings of ambassadors and other diplomats , and ships in international waters . In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction . As people move between borders, this led, in
737-634: The Allied Forces Ordinance, 1942 and the members of the United States Armed Forces were entirely governed by their own laws, even in criminal cases. Historically, the United States has had extraterritoriality agreements with 15 nations with non-Western legal systems: Algeria , Borneo , China, Egypt, Iran, Japan, South Korea, Libya , Madagascar , Morocco, Samoa , Tanzania , Thailand , Tunisia , and
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#1732775868734804-1060: The American Battle Monuments Commission . These are located in Belgium , Cuba , France , Gibraltar , Italy , Luxembourg , Mexico , Morocco , the Netherlands , Panama , Papua New Guinea , the Philippines , the Solomon Islands , Tunisia , and the United Kingdom . The most popular site among these is the Normandy American Cemetery and Memorial in France. Land under the Canadian National Vimy Memorial and surrounding 100 hectares
871-665: The British Court for Japan in 1879. In 1887, only 2,389 non-Chinese foreigners lived in Japan, with strict limitations on freedom of movement . These limitations meant that foreigners in Japan were not able to commit crime with impunity, in contrast with China, where foreigners were granted the ability to travel to the interior after passporting. Rather, it was in the context of the Japanese state's desire to eliminate all competing jurisdictions and calls for legal reform based on
938-651: The British Supreme Court for China . Similar courts were established for treaty countries, e.g. the United States Court for China . These had jurisdiction over the concession areas, which formally remained under Qing sovereignty. Initially, Chinese people who committed crimes in, say, the British zone, were remanded to Chinese authorities. By the early 20th century, some Western powers were willing to relinquish extraterritorial rights given
1005-543: The Canton-Hong Kong strike ). Further shootings by foreigners upon Chinese protesters occurred at Canton , Mukden and elsewhere. Indeed, the Chinese warlords used the incident as a pretext to further their own political aims. While Feng Yuxiang threatened to attack British interests via force and demanded a public apology, Zhang Zuolin , who effectively controlled Shanghai's Chinese outskirts, had his police and soldiers arrest protesters and Communists and assist
1072-632: The Chinese Communist Party , will be prosecuted according to Chinese law when that person steps foot on Chinese soil, regardless if said comments were made by a student in London or Vancouver. In some military and commercial agreements, nations cede legal jurisdiction for foreign bases or ports to other countries. For example, Japan cedes jurisdiction over American military bases on its soil in Okinawa to US military tribunals pursuant to
1139-544: The First Opium War , foreign merchants were not satisfied with the state of the Qing legal system. Prior to the Treaty, British Merchants were only able to trade in the region of Canton, exclusively with Chinese Merchants called Cohongs. The Chinese Merchants benefitted significantly out of the deal, contributing to the British dissatisfaction with the Chinese. British merchants were "suspicious of what they regarded as
1206-580: The John F. Kennedy Memorial at Runnymede , England, was given to the United States by the United Kingdom, but required an Act of Parliament (the John F. Kennedy Memorial Act 1964 ) to do so, because the land was part of the Crown Estate , which cannot otherwise be given away for free. Another example of these types of special concessions are the numerous cemeteries and monuments administered by
1273-491: The Nine-Power Treaty was signed which expressed the willingness of the parties to end extraterritoriality in China once a competent legal system was established by China. As a result, a commission was established in 1926 that published a detailed report which contained its findings and recommendations for the Chinese legal system. Extraterritoriality in China for non-diplomatic personnel ended at various times in
1340-724: The Ottoman Empire . Americans in the military or civilians working on American military bases overseas generally have extraterritoriality, so they can only be tried by the U.S. military. This is regulated by a status of forces agreement . Princess Margriet of the Netherlands was born on 19 January 1943 in Ottawa Civic Hospital in Ottawa, Ontario, as the family had been living in Canada since June 1940 after
1407-527: The PRC government claims the right, under article 10 of its criminal code, to prosecute Chinese citizens for crimes against the criminal code which are committed abroad, even if already punished for the crime. These emerge from significant claims of the importance of national sovereignty, a reaction to its abridgement in the past, where almost no nations emphasise the importance of their sovereignty more than China does today. Japan recognized extraterritoriality in
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#17327758687341474-477: The Shanghai Volunteer Corps militia and requesting foreign military assistance to carry out raids and protect vested interests. Over the next month Shanghai businesses and workers went on strike. The numbers of Chinese killed and injured in the 30 May Movement's protests vary: figures normally vary between 30 and 200 dead, with hundreds injured. The incident shocked and galvanized China, and
1541-618: The Treaty of Shimonoseki after the First Sino-Japanese War , China gave up its extraterritorial rights in Japan, without reciprocity. By far the most important of the treaty ports established after 1842 was Shanghai, where the vague extraterritoriality provisions of the various treaties were most sophisticatedly implemented. The two main courts judging extraterritorial cases were the Shanghai Mixed Court and
1608-518: The occupation of the Netherlands by Nazi Germany . The maternity ward of Ottawa Civic Hospital in which Princess Margriet was born was temporarily declared to be extraterritorial by the Canadian government. Making the maternity ward outside of the Canadian domain caused it to be unaffiliated with any jurisdiction and technically international territory . This was done to ensure that the newborn would derive her citizenship from her mother only, thus making her solely Dutch, which could be very important had
1675-475: The 1830s, when the Qing government concluded a treaty with the Uzbek khanate of Khoqand, it granted extraterritorial privileges to its traders. And in dealing with foreign merchants through the centuries, the Qing government rarely attempted to impose jurisdiction based on territorial sovereignty, instead entrusting the punishment of foreigners to the respective authority in practically all cases except homicide. At
1742-506: The 20th century. Germany and Austria-Hungary lost their rights in China in 1917 after China declared war on them. The Soviet Union made secret agreements that kept its rights until 1960, although it publicly falsely stated that it gave them up in 1924. In 1937, the status of the various foreign powers was thus: In 1929 the Nationalist government announced its goal of ending extraterritoriality completely. Negotiations with Britain,
1809-752: The Byzantine capital, Constantinople , as well as in Egypt and the Barbary states. A series of capitulations were made in the form of treaties between the Sublime Porte and Western nations, from the sixteenth through the early nineteenth centuries. The legal impenetrability of the Ottoman legal code created during the Tanzimat era began to weaken continuously through the spread of European empires and
1876-640: The Chinese Chamber of Commerce, where they gave a list of demands, including punishment of the officers involved in the shooting, an end to extraterritoriality and closure of the Shanghai International Settlement . The president of the Chamber of Commerce was away, but eventually his deputy agreed to press for the demands to be carried out. The Municipal Council declared a state of martial law on Monday, 1 June, calling up
1943-557: The Chinese authorities according to the laws of China, and citizens of the United states who may commit any crime in China shall be subject to be tried and punished only by the Consul or other public functionary of the United States thereto authorised according to the laws of the United States. The Wanghia treaty included an exception for American trading in opium and also subjected American ships trading outside treaty ports to confiscation by
2010-529: The Chinese government in articles 33 and 3. Similarly, the French also pursued protections in the Treaty of Huangpu , which further introduced a distinction between criminal and civil jurisdiction (non-existent in Qing dynasty law) and gave Frenchmen the full protections of Chinese law outside concessionary areas. The 1858 Sino-British Treaty of Tientsin , which ended the Second Opium War , expanded
2077-404: The Chinese interior. Under imperial edict earlier in the year, these privileges were extended to most western countries. Other nations wanted reassurances and guarantees. For example, the United States negotiated the 1844 Treaty of Wanghia , which stated in article 21: Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by
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2144-565: The International Settlement. With their trial set for 30 May, various student organisations convened in the days before and decided to hold mass demonstrations across the International Settlement and outside the Mixed Court . On the morning of 30 May 1925, just after the trial of the arrested students began, Shanghai Municipal Police arrested 15 ringleaders of a student protest being held on and around Nanking Road, in
2211-705: The Settlement forces. Two investigations into the events of 30 May were ordered, one by Chinese authorities and one by international appointees, Justice Finley Johnson (presiding), Judge of the Court of First Instance in the Philippines (representing America), Sir Henry Gollan , Chief Justice of Hong Kong (representing Britain) and Justice Kisaburo Suga of the Hiroshima Court of Appeal (representing Japan). The Chinese authorities refused to participate in
2278-529: The United Kingdom. In the aftermath of the 1924 Second Zhili–Fengtian War , China found itself in the midst of one of the most destructive periods of turmoil since 1911. The war had involved every major urban area in China, and badly damaged the rural infrastructure. As a result of the conflict the Zhili-controlled government, backed by varied Euro-American business interests, was ousted from power by pro- Japanese warlord Zhang Zuolin , who installed
2345-543: The Western powers, placing all inhabitants of the international settlement under de facto foreign jurisdiction. The success of the Northern Expedition in strengthening the authority of the Chinese republic in the mid-1920s led many governments to give up their more minor treaty ports without a fight. However, the treaty powers were unwilling to give up Shanghai, or their privileges within it, which remained
2412-633: The child been male, and as such, the heir of Princess Juliana. The most famous cases of extraterritoriality in East Asia are those of 19th century China, Japan, and Siam, emerging from what is termed the " unequal treaties ". The practice of extraterritoriality, however, was not confined to the 19th century or these nations, as the monarchs and governments of pre-modern East Asia primarily claimed sovereignty over people rather than tracts of land. The creation of extraterritoriality for treaty nations "was not introduced into East Asia ex novo , but built atop
2479-602: The city's Race Club) eventually shouted, "Stop! If you do not stop I will shoot!" in Wu . A few seconds later, at 3:37 pm, and as the crowd was within six feet of the station entrance, he fired into the crowd with his revolver . The Sikh and Chinese policemen then also opened fire, discharging some 40 rounds. At least four demonstrators were killed at the scene, with another five dying later of their injuries. At least 14 injured were hospitalized, with many others wounded. On Sunday, 31 May, crowds of students protested. They then convened at
2546-709: The far right in Chinese politics and could claim few supporters. Meanwhile, the KMT (Nationalist) and Communist parties (allied as the First United Front ) were running a diplomatically unrecognized Soviet-backed administration in the southern province of Guangdong . Alongside public grief at the recent death of China's Republican hero Sun Yat-sen (12 March 1925), the KMT and Chinese Communist Party (CCP) groups were particularly involved in unionising in Shanghai through
2613-401: The far-left Shanghai University . Shanghai's native Chinese were strongly unionised compared to other cities and better educated, and recognised their plight as involving lack of legal factory inspection, recourse for worker grievances or equal rights. Educated Chinese were also offended by the council's plan to introduce a new censorship law, forcing all publications in the Settlement to use
2680-500: The foreign controlled International Settlement . The protesters were held in Louza (Laozha) police station, which by 2:45 pm was facing a "huge crowd" of Chinese that had amassed outside. The demonstrators demanded the arrested ringleaders be returned to them. Police on Nanking Road reported the crowd, which was between 1,500 and 2,000 strong, started good-naturedly but became more aggressive as arrests were made. A picket of police (there
2747-509: The framework of a territorial jurisdiction, to certain persons being under the laws of countries in which they did not reside. Extraterritoriality, in this sense, emerges from the interaction of these two conceptions of jurisdiction, personal and territorial, when laws are applied based on who a person is rather than where they are. Extraterritoriality can now take various forms. Most famous are examples of diplomatic extraterritoriality, where diplomats and their belongings do not operate under
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2814-780: The great powers to institute and organize their own legal structures to represent their citizens abroad. The capitulations ceased to have effect in Turkey in 1923, by virtue of the Treaty of Lausanne , and in Egypt they were abolished by the Montreux Convention in 1949. During the Second World War , the military personnel of the Allied forces within the British Raj were governed by their own military codes by
2881-520: The improved state of Chinese legal reform. For example, the 1902 Sino-British " Mackay treaty " 's article 12 read: China having expressed a strong desire to reform her judicial system ... [the United Kingdom] will ... be pretreated to relinquish her extra-territorial rights when she is satisfied that the state of the Chinese laws, the arrangement for her administration, and other considerations warrant her in so doing. Qing law did not make
2948-722: The international investigation, which found 2-1 that the shooting justifiable. Only the Justice Finley from America disagreed and recommended sweeping changes, including the retirement of the chief of the Settlement Police, Commissioner McEuen, and Inspector Everson. Their forced resignation in late-1925 would be the only official result of the inquiry. By November, with Chiang Kai-shek having finally wrested power from his rivals after Sun Yat-sen's death and with Chinese businesses wishing to return to operation (the Settlement had begun cutting electricity to Chinese mills),
3015-566: The introduction of all Thai legal codes and a period of 5 years thereafter. By 1930, extraterritoriality was in effect no longer in force. After absolute monarchy was replaced by constitutional monarchy in the bloodless Siamese revolution of 1932 , the constitutional government promulgated a set of legal codes, setting the stage for new treaties signed in 1937–1938 which canceled extraterritorial rights completely. Contrary to popular belief, diplomatic missions do not generally enjoy full extraterritorial status and are not sovereign territory of
3082-488: The laws of their host nations, but rather, under the laws of the diplomat's nation. Similarly, many nations claim the right to prosecute foreign combatants and violators of human rights under doctrines of universal jurisdiction , irrespective of the nationality of those persons or the place in which the alleged crimes occurred. This extends to domestic criminal codes as well: for example, the People's Republic of China claims
3149-489: The main holder of such rights, went slowly. They ended with the Japanese invasion of 1937 when Japan seized Shanghai and the main treaty ports where extraterritoriality was in operation. When both countries declared war on Japan in late 1941, they became formal allies of China and made ending extraterritoriality an urgent goal which both the U.S. and Britain fulfilled with the treaties they signed with China in 1943. The legacy of this for jurisdictional control continues to
3216-472: The models of those jurisdictions that Japan's government desired to abolish foreign courts. Having convinced the Western powers that its legal system was "sufficiently modern", Japan succeeded in reforming its unequal status with Britain through the 1894 Anglo-Japanese Treaty of Commerce and Navigation , in which London would relinquish its Japanese extraterritorial rights within five years. Similar treaties were signed with other extraterritorial powers around
3283-568: The modern day. Cassel writes, "extraterritoriality has left many policy-makers in mainland China with a legacy of deeply felt suspicions toward international law, international organisations, and more recently, human rights". With part of its legitimacy resting on claims to strengthening national sovereignty and territorial integrity, the Constitution of the People's Republic of China explicitly states that foreigners must abide by PRC law . And
3350-444: The monument's historical richness and instead tend to use its relative seclusion to literally take a piss on their shared heritage. But, in the spirit of the monument, it's kind of fitting the way underclasses are making their voices heard. Power to the people, right on." May Thirtieth movement The May Thirtieth Movement ( simplified Chinese : 五卅运动 ; traditional Chinese : 五卅運動 ; pinyin : Wǔsà Yùndòng )
3417-597: The most prominent economic centre and treaty port. It was only after a confrontation between Shanghai police and Nationalist demonstrators in 1925 that Chinese authorities refused to enforce the verdicts of the Mixed Court; this led to its disestablishment in 1927 and replacement with a Chinese-run local court. In 1921, at the Conference on the Limitation of Armament in Washington , an international treaty called
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#17327758687343484-426: The negotiations of the Treaty of Nanjing , Qing negotiators readily extended a grant of extraterritoriality. Cassel writes "the imperial commissioner and Manchu nobleman Qiying readily conceded extraterritorial privileges to the British in an exchange of notes with Pottinger [the British plenipotentiary] at the time of the conclusion of the treaty". This was in line with Qing practices at the time, where sovereignty
3551-410: The prevalence of legal positivism . The laws and regulations created for Ottoman subjects to abide by often did not apply to European nationals conducting business and trade in the provinces of the empire, and thus various capitulations were brought into effect with respect to many foreign powers. The various overlapping governmental laws led to legal pluralism in which jurisdiction often was left up to
3618-424: The publisher's true name and address. In early months of 1925, strikes on those matters intensified. Japanese -owned cotton mills were a source of contention, and demonstrations between Japanese owners and Chinese employees around the #8 Cotton Mill became regular occurrences. Japanese foremen took to carrying pistols while on duty. The escalation of ill-feeling culminated on 15 May, when a Japanese foreman killed
3685-529: The represented state. Countries which have ceded some control over their territory (for example, the right to enter at will for law enforcement purposes) without ceding sovereignty include: Special concessions are sometimes made for cemeteries and memorials. National governments can also own property or special concessions in other host countries without gaining any sort of legal jurisdiction or sovereignty, in which case they are treated similarly to other private property owners. For example, ownership of land under
3752-401: The right to prosecute Chinese citizens for crimes committed abroad and Canada will prosecute sexual abuse of minors by a Canadian anywhere in the world. In practice, it means Chinese national security laws and restrictions on freedom of speech apply to every Chinese citizen across the world, while in Canada's case, local ages of consent are ignored in favour of the Canadian law, meaning
3819-522: The rights of western visitors. They were permitted to enter the Chinese interior after passporting. However, extraterritorial rights were not extended outside the treaty ports. Similar rights were granted to the interested western powers due to the "most-favoured-nation" clause: all privileges the Qing empire granted to one power were automatically granted to the others. In 1868, when the Tientsin treaties were renegotiated, British merchants clamoured to lift
3886-794: The same time. These treaties all came into effect in 1899, ending extraterritoriality in Japan. After the Allied victory in 1945, the Mutual Security Assistance Pact, and its successor treaties, between the United States, to the modern day, grant US military personnel on American bases in Okinawa extraterritorial privileges. King Mongkut (Rama IV) of Siam signed the Bowring Treaty granting extraterritorial rights to Britain in 1855. Sir Robert Hermann Schomburgk , British Consul-General from 1859 to 1864, gives an account of his judicial training and responsibilities in
3953-427: The strikes and boycotts, quickly spread across the country, bringing foreign economic interests to a near standstill. The 15 "ringleaders" originally arrested on 30 May were given light or suspended sentences by Shanghai's foreign-run Mixed Court . The target of public ire moved from the Japanese (for the killing of Ku Chen-Hung) to the British, and Hong Kong was particularly affected (the strikes were there known as
4020-401: The strikes and protests began to fizzle out. In Hong Kong, however, they would not totally end until mid-1926. The Kuomintang 's support for the movement, and its Northern Expedition of 1926–27, eventually led to reforms in the governance of the International Settlement's Shanghai Municipal Council and the beginning of the removal of the Unequal Treaties . The May Thirtieth events caused
4087-419: The transfer of the Muslim Chengda College and Imam (Ahong) Ma Songting to Beijing. The May Thirtieth Movement began a period of increasing radicalization and militancy among China's industrial workers, students, and progressive intellectuals. It resulted in a major period of growth for the CCP. It also helped boost the Kuomintang to national hegemony. In the 1990s, the May Thirtieth Movement Monument
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#17327758687344154-619: The travel restrictions on the Chinese interior. The Qing position was adamantly opposed, unless extraterritoriality was also abolished. No compromise was reached; and the Qing government was successful in preventing foreigners from visiting the Chinese interior with extraterritorial privileges. Extraterritorial rights were not limited to Western nations. Under the 1871 Sino-Japanese Friendship and Trade Treaty , Japan and China granted each other reciprocal extraterritorial rights. China itself imposed reciprocal extraterritoriality rights for its own citizens in Joseon Korea . However, in 1895, under
4221-406: The treaties concluded with the United States, the United Kingdom, France, Netherlands , and Russia in 1858, in connection with the concept of the " most favoured nation ". Various commercial treaties extended extraterritorial protections in Japan with various parties, including with Peru, in 1873. Most countries exercised extraterritorial jurisdiction through consular courts . Britain established
4288-421: Was a major labor and anti-imperialist movement during the middle-period of the Republic of China era. It began when the Shanghai Municipal Police opened fire on Chinese protesters in Shanghai 's International Settlement on 30 May 1925 (the Shanghai massacre of 1925). The shootings sparked international censure and nationwide anti-foreign demonstrations and riots such as the Hands Off China protests in
4355-402: Was held by peoples rather than imposed on lands. A more formal declaration of extraterritoriality was concluded in the 1843 Supplementary Treaty of the Bogue , which established that "Britons were to be punished according to English law and Chinese were to be 'tried and punished by their own laws'". These provisions only applied to the treaty ports, since foreigners were barred from entering
4422-462: Was installed at People's Park . Mixed Court In international law , extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places. For example, such
4489-416: Was only a skeleton staff of approximately two dozen officers overall, predominantly Sikh and Chinese , with three white officers) was set up to prevent demonstrators from entering the station. Inspector Edward Everson, station commander and the highest-ranking officer on the scene (as the police commissioner K.J. McEuen had not let early warnings of public demonstrations interfere with his attendance at
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