21
4
3. The United States Embassy has expressed the view that the resumption of extra-territoriality negotiations would not have a disturbing effect upon the general situation in the Far East; also the further view that in the light of China's request for unqualified abrogation of extra-territorial jurisdiction, as contained in the Chinese Foreign Office's note of the 18th January, 1934, in regard to the Sino-American Commercial Treaty of 1903, and in the light of the recent instruc- tion to the Executive Yuan referred to above, we could expect no great advantage from volunteering a proposal of a compromise, and that it would be better to await a new initiative by the Chinese Government. The Embassy expressed the view also that China would insist upon an agreement for a much more far-reaching abrogation of extra-territorial rights than that envisaged in 1931.
4. As it seems likely that pursuant to the instruction to the Executive Yuan referred to above, the Chinese Government will in due course approach the interested foreign Governments, there would appear to be a choice of two lines of action; one, that of a foreign Government or foreign Governments taking the initiative in approaching the Chinese Government, and the other that of awaiting a move on the part of the Chinese Government.
5. The Department feels that the question of extra-territoriality in China is a matter in which the British and American Governments have similar interests and concern and that the two Governments might advantageously continue as in the past to collaborate with each other. The American Government would there- fore appreciate receiving the views and observations of the British Government in the premises.
6 It may be added that the American Government has not approached any other Government in regard to the matter,
Embassy of the United States of America, London, March 30, 1937.
Dear Atherton,
ANNEX II.
Sir A. Cadogan to Mr. Atherton.
Foreign Office, May 14, 1937. I MUST apologise for the delay in replying to the aide-mémoire of the 30th March which you left with the Foreign Office on the 1st April last. As I am not yet in a position to give you the considered views of His Majesty's Government on the subject of extra-territoriality in China, I thought it would be best to send you an interim reply on the point as regards a foreign Government or foreign Governments taking the initiative in approaching the Chinese Government.
The Chinese Government might, we think, be actually embarrassed by such an initiative; and if, as seems possible, it had the effect of encouraging an agitation among the more irresponsible elements in Chinese political circles, it might make it more difficult for them to pursue a reasonable course if negotiations on the subject are begun. We agree, therefore, with your Embassy in China in thinking that it would be a mistake for any foreign Government to take the initiative. and we should prefer to await proposals from the Chinese Government. In the meantime, the important questions of policy involved will receive our most careful consideration, and the conclusions we may reach will in due course be communicated to you. I need hardly say, of course, that we fully reciprocate the desire expressed in the aide-mémoire for close collaboration between our two Governments.
Yours sincerely,
A. CADOGAN.
J
J
ANNEX III.
Sir H. Knatchbull-Hugessen to Mr. Eden.-(Received April 20.)
(No. 106.) (Telegraphic.)
Nanking, April 20, 1937. AFTER close of third plenary session it was disclosed that a resolution had been adopted that negotiations should be reopened with Powers with a view to abolition of consular jurisdiction, and National Government is now circulating instruction contained in the text of an order addressed by National Government to Judicial and Executive Yuans in pursuance of this. The Executive Yuan is directed to instruct. Ministry for Foreign Affairs to open negotiations.
Although no Chinese official has mentioned the matter to me or to my interested colleagues directly, it is being ventilated in the press and by public; negotiations are being followed with close interest. It is possible, therefore, that we may shortly receive a request from Waichiaopu for resumption of negotiations, and I think we should consider what attitude we should adopt towards such a request.
I will submit observations in subsequent telegram.
(Repeated, Saving, to Peking, commercial counsellor and Tokyo.)
ANNEX IV.
Sir H. Knatchbull-Hugessen to Mr. Eden.-(Received April 23.)
(No. 114.) (Telegraphic.)
MY telegram No. 106.
Nanking, April 23, 1937.
It would be hopeless to wait for the ideal moment for concluding a treaty of extra-territoriality, and my own feeling is that the present is probably as favourable a moment as we shall ever have since the Chinese are well disposed towards us, and we stand to get much more credit and possibly better terms by adopting a forward attitude in such circumstances than if we wait and have to yield to pressure later on. I am, however, strongly in favour of receiving sympathetically any approach from the Waichiaopu.
2. It would, of course, be understood that we should do nothing unless the Chinese Government took the initiative in approaching us and our attitude would depend on the nature of their approach.
3. We ought, I think, as a matter of tactics to take our first stand on 1931 draft. Much, however, has happened since then and the Chinese would not now be likely to accept all safeguards and restrictions included in that draft particularly article 14 (personal status) and reservation of Tientsin. I do not see that it is necessary now to reserve Tientsin, and we should be prepared to face forthwith rendition. There would be another wrangle over Shanghai, but I see no solution other than temporary reservation.
4. Provided we keep in step with the Americans with whom we should maintain close touch as in 1931 I do not think we should allow our policy to be influenced by other Powers, though we should keep them informed. It seems reasonable to calculate that the French and Japanese (the only others who matter) should, after a short time, find themselves compelled in their own interests to come into line; otherwise Chinese could make things very difficult for them.
5. In general, my view is that extra-territorial system is becoming so difficult to work in conditions of present-day China, and is such an obstacle to modern rôle of our traditional relations that sooner it is removed the better. Once the plunge has been taken I do not see we need seriously regret it.
6. In my own view there would be much to be said for letting foreign settlements (Shanghai and Amoy) go too. The latter is not much real value, and foreign control over the former is growing continually more precarious, more difficult to maintain and a greater potential source of friction (especially with
22
Page 20Page 21
93
7