140-

[This Document is the Property of His Britannic Majesty's Government, and should be returned to the Foreign Office if not required for official use.]

25

(F 1866/34/10)

To CHINA.

Telegram (en clair) to Sir M. Lampson (Manking),

9.00 p.m. Foreign Office, 22nd April, 1931.

No. 70.

(Tour).

Your telegram No. 107, paragraph 4, and Mr. Teichman's telegrams to Peking Nos. 21 and 24 (of

April 6th and 15th - "Extraterritoriality negotiations").

1.

I think it would be better to omit third sentence altogether, and leave temporary occupation of premises to be dealt with by article contained in your telegram No. 49. cover permanent requisitioning of moveable property.

But it is essential to

At present this is only covered by the word "requisition" in that article, the object of which is to protect British premises against visit or search except in

The word "requisition" accordance with legal process.

in this context would naturally be interpreted as

practically equivalent to "perquisition" and as adding little to "search or inspection".

Assuming however

that "requisition" in the ordinary sense is intended, the following considerations arise:

(a) On this interpretation there would be a plain contradiction between this article, which provides that premises may not be "requisitioned" at all, and the article dealing with rights in immovable property (see your telegram No. 82), which provides that they shall only be expropriated for reasons of public

interest....

Share This Page