77
DRAFT.
in fact in lechimial
contravention
Chains law
Übservations of the Foreign Office on the messages from the Department of State enclosed in the letter of the 12th November from the United States Ambassador regarding the draft treaty with China on extraterritoriality.
I
1.
The Foreign Office agree with the views expressed by the Department of state on the Chinese proposal to add an additional article about equality
and reciprocity, and with the reply which the United
States Government have in mind to give to the
Chinese Goverment.
2. The Foreign Office are of the opinion
that while it may be difficult to refuse this amendment
nevertheless it is objectionable because it will make
it easier for the Chinese authorities to reject
responsibility for municipal obligations and
liabilities which they wish to avoid. H.M.G. will
be glad to support the United States Government in
resisting this proposal if that is their intention.
In any case it might be advisable to ask the Chinese
what kinds of obligations and liabilities incurred by
the municipalities cmcerned are considered likely to
be repugnant to the laws and regulations of the
Republic of China.
3. Similarly, the Foreign Office are of the
opinion that the proposed addition of the words "or
other illegal practices" in the first paragraph of
Article 4 will reduce the security of rights and titles
to property which the article is intended to safeguard.
Laws and regulations in China are not always enforced,
and it may well be that in the matter of land transfers
some of the commonly accepted practices are technically
illegal. H.M.G. fear that the amendment may give
rise to abuses and they consider that it should be
resisted,
If....