112.
2.
introduces entirely new point to which Chinese would
never agree.
3. Referring to paragraph 6 of your telegram
No. 35 explanation given yesterday by Minister for
Foreign Affairs for dropping sentence relating to
domiciliary searches by procurators is that according
to Chinese system the procurator is part of the court
so that such searches would be conducted on
procurator's warrant bearing seal of court which
Chinese profess to regard as a court process. Minister
for Foreign Affairs shows no readiness to budge on this
point.
4. We discussed personal status. Minister for
Foreign Affairs insists that China cannot possibly
accept anything on lines of our text and professes to
be unable to make better offer than that contained in
Chinese counter-draft of December 1st. From his
previous discussions with Hsu Mo, Mr. Teichman thinks
compromise solution might possibly be found along some
such lines as the following:-
(a) In general in matters of personal status
British laws would be applied by Chinese courts.
(b) In cases where only British subjects were
concerned and at their request cases would be reserved
for British jurisdiction.
(c) Special provisions to be made for administra-
tion of estates of deceased persons by British consuls. If you approve can I be furnished with a draft?
Minister