By Steven L. Shields
Diplomatic missions today enjoy certain legal privileges and protections in their host countries. The properties of embassies are considered sovereign territory of the representative nation. Many will be familiar with the famous sojourn in the Embassy of Ecuador in London of Wikileaks founder Julian Assange. British authorities were prohibited from entering the precinct of the embassy offices for almost seven years until Ecuador withdrew asylum and British police were invited into the embassy for Assange's arrest.
In times now long past, however, some nations with "world power" status arranged treaties with host countries that were further-reaching than the simple sovereign territory of the embassy properties. Such treaties of "extraterritoriality" were signed with Japan, and later, Korea. The embassy properties were sovereign territory, but the world power countries demanded and received full legal authority over their citizens in the host country. Such authority extended in some cases that complaints by host nation citizens against persons or organizations were subject to the laws of the foreign diplomatic mission.
Christopher Roberts, a retired British lawyer with more than 10 years of experience living and working in Asia, and a Ph. D. from SOAS University of London, has done detailed studies of British extraterritoriality in Japan and Korea. His newest book, published by Renaissance Books in June, details the British experience in Korea between 1884 and 1910. Like many Western countries, most British residents in Korea were diplomats or missionaries, with a few business people in the mix.
Dr. Roberts writes that, unlike China and Japan, very few cases in Korea were tried by the British courts in Seoul. Most cases were of little note. British nationals in Korea back then were never more than 100 people. These courts were operated as part of the duties of the consular officers assigned to the British Legation. Consular officials in Shanghai and Seoul had the right to convene a "Supreme" court with equal authority to that in London.
The highest-profile British court cases in Korea were two trials, both charging the businessman cum journalist Ernest Thomas Bethell, with breach of the peace as the first of the cases and seditious journalism as the second. Bethell had arrived in Korea in 1904 to cover the war with Russia and stayed on to start two newspapers (The Korea Daily News and the Daehan Maeil Shinbo), which were widely circulated in English and Korean including Hangeul versions and mixed-script versions. He was clearly against Japanese rule in Korea and how they had pushed their way into most aspects of the Korean economy. Bethell's writings were in step with the early independence-oriented population. Japanese officials in Seoul applied tremendous pressure on the British to do something about him.
The issue that allowed British officials in Korea to delay and sidestep trials and punishment for Bethell was the question of Japanese jurisdiction in Korea. Diplomatically, this was crucial. By what authority did the Japanese resident-general and his staff pressure the British to discipline a British citizen? The Korean government, such as it was, was silent on Bethell's criticism of Japan. The Japanese had been working systematically to neuter any semblance of a Korean judiciary, police and government for many years ― long before the 1905 "protection" treaty. Annexation was their endgame from decades before.
After weeks of consultation with British courts in Shanghai and the Foreign Office in London, authorities in Korea charged Bethell with "breach of the peace," convicted him and asked him to "keep the peace." In other words, do not get Koreans riled up to where we have more problems with the Japanese, regardless they are not the legitimate government of the Korean Empire. Of course, Bethell kept doing what journalists are well-known for, and within weeks ran afoul of Japan once again.
In the second case, Bethell was charged with the more severe crime of "incitement to discontent" in breach of a clause of the treaties between Britain and Korea. The Japanese wanted a full-press sedition charge, which would have carried the death penalty. But, again, after weeks of back and forth between Korea and the relevant British authorities, the incitement charge was the best diplomatic solution. Bethell was tried and convicted and sentenced to three weeks in jail. However, as there was no adequate jail in Korea, he was taken to Shanghai to the British jail there, but he returned to Korea on his release. He promised six months of good behavior.
Bethell gave up his ownership in the newspaper venture through some business deals before the trial, and the papers continued for a short time. A few issues were banned by the Japanese authorities, who raided Bethell's premises (through the help of their Korean conspirators) and confiscated printed papers before they were distributed.
Several more significant issues were at play in Japan's pressure. Perhaps foremost on the Japanese agenda was to overturn the extraterritoriality clauses of their treaties with the British (and other Western governments) in both Japan and Korea. The Japanese saw this issue as detrimental to their empirical designs on the region, since so many foreigners (and locals who sought refuge in foreign-owned properties) were out of reach of the Japanese police and courts.
Bethell died on May 1, 1909, and is buried in Seoul's Yanghwajin Foreigners' Cemetery. Officially, he died of heart failure, but many suspect a Japanese hand in his assassination. His funeral was said to be the most significant event for a foreigner ever in Korea's history to that time, with thousands of loving Koreans lining the route of the funeral procession. Bethell's widow left Korea in July 1909 and returned home to Britain.
Many of the Seoul- and Jemulpo-based consular officials and legation officers, in 1900 and later, were members of Royal Asiatic Society (RAS) Korea. J. H. Gubbins, founding president of RAS Korea elected in June 1900, was Her Britannic Majesty's Charge d'Affaires in Seoul. Arthur Hyde Lay, first assigned to Jemulpo and later Seoul, serving until the late 1920s, was president of the RAS Korea for several years. Other consular officials who were members of RAS Korea include Herbert Allen Ottewill and John Langford Smith.
Christopher Roberts will give an online lecture on this topic to the Royal Asiatic Society Korea on Nov. 9 at 7:30 p.m. KST. Visit raskb.com for more information about how to join the lecture.
Rev. Steven L. Shields is president of the Royal Asiatic Society Korea (www.raskb.com) and columnist for The Korea Times. Visit raskb.com or email royalasiatickorea@gmail.com for more information about the society.
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| Ernest Bethell / Courtesy of the Independence Hall of Korea |
In times now long past, however, some nations with "world power" status arranged treaties with host countries that were further-reaching than the simple sovereign territory of the embassy properties. Such treaties of "extraterritoriality" were signed with Japan, and later, Korea. The embassy properties were sovereign territory, but the world power countries demanded and received full legal authority over their citizens in the host country. Such authority extended in some cases that complaints by host nation citizens against persons or organizations were subject to the laws of the foreign diplomatic mission.
Christopher Roberts, a retired British lawyer with more than 10 years of experience living and working in Asia, and a Ph. D. from SOAS University of London, has done detailed studies of British extraterritoriality in Japan and Korea. His newest book, published by Renaissance Books in June, details the British experience in Korea between 1884 and 1910. Like many Western countries, most British residents in Korea were diplomats or missionaries, with a few business people in the mix.
Dr. Roberts writes that, unlike China and Japan, very few cases in Korea were tried by the British courts in Seoul. Most cases were of little note. British nationals in Korea back then were never more than 100 people. These courts were operated as part of the duties of the consular officers assigned to the British Legation. Consular officials in Shanghai and Seoul had the right to convene a "Supreme" court with equal authority to that in London.
The highest-profile British court cases in Korea were two trials, both charging the businessman cum journalist Ernest Thomas Bethell, with breach of the peace as the first of the cases and seditious journalism as the second. Bethell had arrived in Korea in 1904 to cover the war with Russia and stayed on to start two newspapers (The Korea Daily News and the Daehan Maeil Shinbo), which were widely circulated in English and Korean including Hangeul versions and mixed-script versions. He was clearly against Japanese rule in Korea and how they had pushed their way into most aspects of the Korean economy. Bethell's writings were in step with the early independence-oriented population. Japanese officials in Seoul applied tremendous pressure on the British to do something about him.
The issue that allowed British officials in Korea to delay and sidestep trials and punishment for Bethell was the question of Japanese jurisdiction in Korea. Diplomatically, this was crucial. By what authority did the Japanese resident-general and his staff pressure the British to discipline a British citizen? The Korean government, such as it was, was silent on Bethell's criticism of Japan. The Japanese had been working systematically to neuter any semblance of a Korean judiciary, police and government for many years ― long before the 1905 "protection" treaty. Annexation was their endgame from decades before.
After weeks of consultation with British courts in Shanghai and the Foreign Office in London, authorities in Korea charged Bethell with "breach of the peace," convicted him and asked him to "keep the peace." In other words, do not get Koreans riled up to where we have more problems with the Japanese, regardless they are not the legitimate government of the Korean Empire. Of course, Bethell kept doing what journalists are well-known for, and within weeks ran afoul of Japan once again.
In the second case, Bethell was charged with the more severe crime of "incitement to discontent" in breach of a clause of the treaties between Britain and Korea. The Japanese wanted a full-press sedition charge, which would have carried the death penalty. But, again, after weeks of back and forth between Korea and the relevant British authorities, the incitement charge was the best diplomatic solution. Bethell was tried and convicted and sentenced to three weeks in jail. However, as there was no adequate jail in Korea, he was taken to Shanghai to the British jail there, but he returned to Korea on his release. He promised six months of good behavior.
Bethell gave up his ownership in the newspaper venture through some business deals before the trial, and the papers continued for a short time. A few issues were banned by the Japanese authorities, who raided Bethell's premises (through the help of their Korean conspirators) and confiscated printed papers before they were distributed.
Several more significant issues were at play in Japan's pressure. Perhaps foremost on the Japanese agenda was to overturn the extraterritoriality clauses of their treaties with the British (and other Western governments) in both Japan and Korea. The Japanese saw this issue as detrimental to their empirical designs on the region, since so many foreigners (and locals who sought refuge in foreign-owned properties) were out of reach of the Japanese police and courts.
Bethell died on May 1, 1909, and is buried in Seoul's Yanghwajin Foreigners' Cemetery. Officially, he died of heart failure, but many suspect a Japanese hand in his assassination. His funeral was said to be the most significant event for a foreigner ever in Korea's history to that time, with thousands of loving Koreans lining the route of the funeral procession. Bethell's widow left Korea in July 1909 and returned home to Britain.
Many of the Seoul- and Jemulpo-based consular officials and legation officers, in 1900 and later, were members of Royal Asiatic Society (RAS) Korea. J. H. Gubbins, founding president of RAS Korea elected in June 1900, was Her Britannic Majesty's Charge d'Affaires in Seoul. Arthur Hyde Lay, first assigned to Jemulpo and later Seoul, serving until the late 1920s, was president of the RAS Korea for several years. Other consular officials who were members of RAS Korea include Herbert Allen Ottewill and John Langford Smith.
Christopher Roberts will give an online lecture on this topic to the Royal Asiatic Society Korea on Nov. 9 at 7:30 p.m. KST. Visit raskb.com for more information about how to join the lecture.
Rev. Steven L. Shields is president of the Royal Asiatic Society Korea (www.raskb.com) and columnist for The Korea Times. Visit raskb.com or email royalasiatickorea@gmail.com for more information about the society.
