Public Prosecutor v Wang Min-Yao and Sung Chen-wu

CourtDistrict Court (China)
Date08 November 1965
Republic of China (Formosa), District Court of Taipei.
Public Prosecutor
and
Wang Min-Yao and Sung Chen-wu.
JURISDICTION

Jurisdiction Territorial Territorial limits of jurisdiction Fictitious territory Embassy of Republic of China in South Korea Prosecution of nationals of Republic of China for offences committed inside Embassy Whether subject to jurisdiction of Courts of Republic of China The law of the Republic of China.

The Facts.The defendants, Wang Min-yao and Sung Chen-wu, were Chinese nationals doing business in Seoul, Korea. On 8 July 1965 they led a number of Chinese nationals to the Chinese Embassy to protest against the Embassy's sale of certain land to Koreans. After having forcibly entered the Embassy, they led the Chinese in destroying the Embassy's gate and furniture. They were arrested by Korean police and later handed over to the Chinese authorities in Taiwan. The defendants were prosecuted for committing the offence of interference with public functions. One of them, Wang Min-yao, argued that the place of commission of the offenceKoreawas a foreign territory which was outside the jurisdiction of the Republic of China.1

Held: that the defendants must be sentenced to four and three years' imprisonment, respectively, in accordance with Article 136 of the Chinese Criminal Code.

The Court said:

Although a legation is located in a foreign country, it is not subject to the jurisdiction of the host country. It is still within the reach of Chinese law. This is the so-called fictitious territory [principle]in legal theory and this is also a principle...

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