32
it
As regards the Chinese Kowloon demands, was agreed at the meeting to leave the last paragraph of the draft enclosed in Mr. Ashley Clarke's letter of the 17th November as it stood, i.e. that we should simply tell the Americans that such a demand has been put to us, as in fact they probably know from their Ambassador at Chungking. Mr. Ashley Clarke said that the Foreign Office were examining the demand with some care in the light of the information which we had given them earlier this year, and when they had completed this examination they would have a further discussion with ourselves and the Admiralty, whose representative at the meeting expressed his Department's interest in the proposals.
For the purposes of record I might add that it was agreed on the latter part of paragraph 3 of the draft Foreign Office observations that we should ourselves resist the proposed clause prohibiting the alienation of land rights and titles in the extra- territorial areas in China to the Government or national of any third party without the express consent of the Chinese Government, with the object of obtaining national treatment for nationals of His Majesty, and that the Chinese should be asked in what circumstances they would be prepared, on the basis of their own draft, to give consent.
As regards paragraph 4, which deals with the Chinese proposed omission of national treatment in carrying on of commerce, it was pointed out that the present draft would still leave certain undefined rights arising from paragraph 1 of Article 6 of the British drafty but in any case the Board of Trade are strongly opport to
accefiting the Chimes Propert
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There were no other points raised of particular Colonial Office importance.
8750
8850
8910
Sn A Dawe Sir K. Poyser,
F7754/828/7/10 F77154/8287/10
F7596/808/10
WBWM Conson
18.11.42.
18.11. 42-
18.11 42-
18.11.42.
Sir G. Gater.
There are two particular problems for us which arise out of the decision of H.M.G. to relinquish extra-territorial rights in China (see No. 7). When that decision was announced last month it was explained that in the near future H.M.G. hoped to open discussions with the Chinese, and to present for their consideration a "draft Treaty for the immediate relinquishment of extra-territorial rights and privileges in China and for the settlement of questions intimately connected therewith".
The draft which we proceeded to offer to China is flagged below (No. 48) and may be summarised as follows:-
48
Article 2 abrogates all Anglo-Chinese Treaty provisions which authorise the exercise of extra-territorial jurisdiction in China.
Article 3 specifies a particular 1901 Protocol, concluded between China and a number of other
Governments