82
PARAPHRASE telegram from the High Commissioner in the Union
of South Africa for His Majesty's Government in the United
Kingdom to the Secretary of State for Dominion Affairs.
(Dated 11th April 193.. Received, Dominions Office,
11th April 1931).
4.30 p.m.
SECRET.
No.31.
Extra-Territoriality in China. Your telegram
No.29 of the 3rd April.
As Monday has been fixed for my first interview
with Prime Minister who has been away I asked Clifford to discuss matter informally with Bodenstein. Understand that Union Government are unlikely to raise any objection to proposed form of Treaty but that they are agitated about extent (if any) to which as an independent Dominion they
may be regarded as having inherited rights or assumed
obligations under Treaties made by His Majesty on behalf
of what Bodenstein described as an International Entity no longer existent, i.e., the British Empire. They are delaying their reply until they are able to extricats themselves from
this curious legal dil mna.
Bodenstein admitted in answer
to Clifford's questions that he realised that he was raising
very important issues affecting rights of other members of
Commonwealth under Treaties concluded before 1925 and he
confessed that even if the opinion of their legal advisers
was that the Union had not inherited any extra-territorial
Rights in China they would not admit this to Chineae but
would claim rights for Union subjects. Should Union Government decide that negligible interest of this Tominion in China did not warrant participation in new Treaty they
would