46
Colonial Office
W.B.L. Monson. Esq)
copied to:-
1.0
B.O.
D.O·
178
Y
F 7384/828/10)
CYPHER
OUTWARD TELEGRAM
isy
BT
This telegram is of particular secrecy and should beWT. retained by the authorised recipient and not passed on 7
WAR CABINET DISTRIBUTION
To: CHINA
FROM FOREIGN OFFICE TO CHUNGKING
No. 1394
Most..
27th October, 1942
D. 8.55 p.m. 27th October, 1942.
Repeated to Washington No. 448 Saving.
SSSSSSSSS
IMMEDIATE
My telegram No. 1387 of 25th October: extraterritoriality.
The draft treaty revised in accordance with my immediately following telegram should be presented without delay to the Chinese Government. Please report immediately you have done so..
2.
With regard to Article 3, the United States Government are not seeking to retain any agreements subsequent to the 1901 protocol regarding the American share of the Boxer indemnity. Nevertheless you should ask if the Chinese Govern- ment are disposed to preserve the arrangement regarding the British share made in our exchange of notes of September 1930 which was mutually beneficial to the two countries.
3. With regard to Article 5 (i), words from "or as a result of confiscatory action" to the end of the clause do not appear in the United States draft treaty.. But as we read American draft, all titles issued by the Chinese Land Offices up to the date when the treaty comes into force will be rendered indefeasible except upon proof of fraud. These will include titles issued by puppet Land Offices, some of which should doubtless to recognised, but others, especially those issued more recently, may have been acquired as the result of Japanese confiscation. It is to cover this point that our additional phrase is included and we trust that the Chinese will see no objection.
4. As regards Article 6, we assume that the Chinese Government will not dispute the reciprocal right to impose restrictions on travel and residence in areas closed to the general public for reasons of military security without specifie mention in the treaty.
5. In India and certain other territories covered by the treaty it will also be necessary, even in peacetime, to make the right to travel, reside and trade subject to some restrict- ions. Government of India are being asked whether these restrictions will be applicable to nationals as well as foreigners If the article remains in existing form, some reservation or special provision will be necessary. But since the Chinese
may/
Page 180Page 181