OUTWARD TELEGRAM

[This Document is the Property of His Britannic Majesty's Government, and should be kept under Lock and Key.]

18

241

F.

[CYPHER]

No. 1352.

DEPARTMENTAL NO.2.

FROM FOREIGN OFFICE TO CHUNGKING.

D. 7.30 p.m. 17th October, 1942.

17th October, 1942.

Repeated to Washington No. 427, Saving.

a/reed

ZZZZZZZZZ

My telegram No. 1329 [of October 9th:

extraterritoriality.]

My immediately following telegram gives the draft of the proposed British Treaty. This is based on the American draft with certain amendments which we have suggested to the United States Government might also be included in their treaty, as well as additions which are only applicable to our own case.

2. We have also suggested to the United States Government that we should both seek in an exchange of notes additional assurances from the Chinese Government regarding the treatment of our nationals. These would be of a reciprocal nature and should in our opinion be limited to the questions of law courts and prisons for foreigners and the law applicable in matters of personal status. We came to the conclusion that in present circumstances it was not advisable to press for the other assurances suggested by you apart from those embodied in the treaty. Some of your suggestions might however be included in the comprehensive treaty of commerce and consular rights to be negotiated at a later date. A draft of the supplementary notes will be telegraphed to you subsequently if the United States Government are willing to adopt this proposal.

3. The questions of a unilateral Chinese declaration regarding the status of Shanghai and of jurisdiction over our troops in each other's territories will be considered separately. We have asked United States Government whether they intend to preserve any agreement regarding disposal of Boxer Indemnity subsequent to 1901 Protocol. Our own action in regard to 1930 exchange of notes will depend on reply.

4. The draft treaty is being communicated to the Dominions for their consideration and pending further instructions you should take no action vis-a-vis the Chinese Government.

OTP.

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