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behalf of the Government of the United Kingdom and the Government of India that "in the matters of personal status referred to in the Chinese assurance, the courts of the territory of His Majesty to which the Treaty applies will apply the law of the domicile of the party concerned. According to this principle, "English law (or the law of the territory concerned) would only be applied to a Chinese national where such national had established a residence in the territory which was found to be of indefinite duration with no intention to terminate it. In the case of a Chinese national only temporarily resident in the territory, and who had the intention of returning to China, these courts would apply Chinese law."
4. I should be glad to know if the reciprocal assurance which we propose to give would be all right so far as the Colonies are concerned. It is only necessary, I think, to look at this matter rather in the broad, and not to search out to find if there is some small aspect of the matter where the statement might not be completely accurate. I might however explain with regard to the word "guardianship" that it is of course understood that the rights of courts to override the guardianship of the person entitled to it by law, and entrust it to somebody else in the interests of the child, where such action is necessary, is not intended to be prejudiced. It only means that the courts will apply the law of the domicile in order to determine what person has a prima facie right to be the guardian of the child.
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5 I should appreciate a reply to this letter as early as possible.
Yours sincerely,
WeBachelr.
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