101 Colonial Office
Tw.B.L. Monson. Es
OUTWARD TELEGRAM
[This Document is the Property of His Britannic Majesty's Government, and should be
kept under Lock and Key.]
copied to:.
10
BO
DO
10
BIT Adly.
MWT
[This telegram is of particular secrecy and should be sy. retained by the authorised recipient and not passed on]. (F 7405/828/10) [CYPHER].
1764.
WAR CABINET DISTRIBUTION
TO CHINA
FROM FOREIGN OFFICE TO CHUNGKING
No: 1515
November 24th, 1942.
D. 1. 0 a.m. November 25th, 1942.
50
11111
Your telegram No. 1486 [of October 31st: extra- territoriality].
We agree with your observations regarding personal status questions. If the Chinese are willing to reach an understanding on this subject, we wish to amend paragraph 3 of the draft Chinese note in my telegram No. 1396 to read as follows:
J
"In all matters of personal status, among which are included all questions relating to the capacity to marry and the dissolution of marriage, the effect of marriage on the property of the spouses, legitimacy, guardianship, and in all matters relating to succession, whether by will or intestacy, and to the distribution and winding up of estates, and speaking generally in all matters of family law, the law of the territory within the British dominions from which the party concerned originates will be applied by the Chinese courts as regards nationals of His Majesty in China".
No alteration is needed in the corresponding
paragraph of our reply.
2. We agree with your suggestion that a reaffirmation of the relevant portion of the mandate of May 4th 1931 would do as an alternative to paragraphs 1 and 2 of the draft notes.
3. The other points raised in your telegram under reference will be dealt with separately.
O.T.P.