COPY
[CYTHER
F1384/828/10
20 OCT 1942
With the Compliments
of the
Colonial Office
Under Secretary of State
for Foreign Affairs
W.B.L. Monson. Esq)
copied to: 10
B.O.
to.
Tsy.
OUTWARD TELEGRAM
16650
BT.
MOT.
his telegram is of particular secrecy and should be retained by the authorised recipient and not passed on 7.
WAR CABINET DISTRIBUTION
TO
CHINA
FROM FOREIGN' OFFICE TO CHUNGKING.
Most SECRET
No. 1396
27th October, 19424
D. 11.10 p.m.,27th October, 1942.
Repouted to Washington No. 450 Saving.
3333
Arendad
IMPORTANT
46
My telegram No. 1394 of 27th October: extra-territoria- lity 7, paragraph 9.
Following are texts of draft notes which might be exchanged with Chinese Government containing additional assurances. regarding treatment of our nationals should the Chinese show themselves s: disposed. These are for your general guidance only and not (repeat not) to be presented to the Chinese Government without further reference to me.
2*
Draft Chinese note.
With reference to the treaty concluded between us to-day, I have the hon ur to declare on behalf of my Government that they will accord t nationals of His Majesty in China the following treatment in regard to judicial and other matters, namely:
}
(1) Except in cases where considerations of national security or military necessity in time of war are involved, nationals of His Majesty in China will be subject to the jurisdiction of no other tribunals than the established Courts of Justice (Fa Yuan) and, in case of police offences, to that of the police authorities in accordance with the duly promulgated laws, ordinances and regulations of China..
(2) Nationals of His Majesty under detention or sentence of imprisonment will only be detained or imprisoned in such prisons as are specified by order of the Ministry of Justice for the detention of foreign prisoners or in other premises suitable for their detention or imprisonment.
(3) In all matters of personal status, among which are included all questions relating to marriage, coniugal rights, divorce, judicial separation, dower, paternity, affiliation, adoption, capacity, majority, guardianship, trusteeship and interdiction, and in all matters relating to succession whether by will or on intestacy, and to the distribution and winding up of estates and family law in general, 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.
31