(c) Article 6. In view of the American acceptance of the two suggestions which His Majesty's Government have made, there no difference of substance between us with regard to this article. The text of the article as it is proposed to put it in the British treaty reads as follows:-
"Article 6. The Consular officers of one High Contracting Party, duly provided with exequaturs, shall be permitted to reside in those ports, places and cities of the territories of the other High Contracting Party which are or may be open to consular officers of any foreign Fower. The consular officers of one High Contracting Party shall have the right within their districts in the territories of the other High Contracting Party to interview, communicate with and to advise the nationals and companies of the former High Contracting Party, and the nationals and companies of one High Contracting Party within the territory of the other High Contracting Party shall have the right at all times to communicate with the consular officers of the former High Contracting Party. The Consular officers of one High Contracting Party in the territories of the other shall be informed immediately by the appropriate local authorities when any of their nationals are arrested or detailed in their consular districts by the local authorities. They shall have the right to visit within the limits of their districts any of their nationals who are under arrest or awaiting trial in prison. Communications from the nationals of one High Contracting Party in prison in the territories of the other High Contracting Party addressed to the consular officers of the former High Contracting Party will be forwarded to the appropriate consular officer by the local authorities. Consular officers of one High Contracting Party shall be accorded in the territories of the other High Contracting Party the rights, privileges and immunities enjoyed by consular officers under modern international usage.
In this connexion it ought perhaps to be explained that according to the practice in the United Kingdom it is not possible to give China the right by treaty (which would have to be extended also to other countries later) for her Consuls to visit Chinese nationals who have been convicted and are serving their sentences of imprisonment. It is only possible to give this right of visit to prisoners who are under arrest or awaiting trial in prison.
(H)
His Majesty's Government have noted the views of the United States Government as regards the proposed note. They will therefore take up these points with the Chinese Government informally in the first place and they accept with pleasure the 'merican offer also to raise these points informally with the Chinese.
The amendments to the United States draft transmitted in Mr. Winant's two letters of the 20th October are acceptable to His Majesty's Government and will be adopted by them.
FOREIGN OFFICE,
20th October, 1942.
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