Extraterritoriality and the Rule of Law in the Treaty Ports: The Malay Murder Trials of the British Supreme Court for China and Japan

  • Gonzalo Villalta Puig


This chapter argues that extraterritoriality brought the rule of law and, with it, justness to the treaty ports of China and Japan. Through the study of the judgements of Chief Justice Hornby of the British Supreme Court for China and Japan in two Shanghai non-British murder cases (R v. Mohammed and R v. Ketchil), the chapter explains that extraterritoriality established generality, certainty and equality of treatment for the Chinese as much as for the subjects of Her Britannic Majesty from all the Crown colonies in the treaty ports, such as the little-known Malays.


  1. Bickers, R., and I. Jackson, eds. Treaty Ports in Modern China: Law, Land and Power. Abingdon: Routledge, 2016.Google Scholar
  2. Cassel, P.K. Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan. Oxford: Oxford University Press, 2012.Google Scholar
  3. Douglas, C. Gunboat Justice. Volume I: White Man, White Law, White Gun (1842–1900), 32. Hong Kong: Earnshaw Books, 2015.Google Scholar
  4. Kayaoglu, T. Legal Imperialism: Sovereignty and Extraterritoriality in Japan, the Ottoman Empire, and China, 2. New York: Cambridge University Press, 2010.Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Gonzalo Villalta Puig
    • 1
  1. 1.School of Law and PoliticsThe University of HullKingston upon HullUK

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