C.O.
WITH THE COMPLIMENTS OF THE
UNDER SECRETARY OF STATE
FOR INDIA.
16 OCT 1942
Ext.5521/42.
Cypher telegram from Secretary of State for India to Government of India, External Affairs Department, dated 15th October,
1942.
14
250
X X X IMPORTANT
18048.
Hy telegram No.17754 of 12th October.
SECRET
Extraterritorial rights in
China, Following is outline of draft Treaty, which is now under consideration for presentation to Chinese Goverment.
a United States draft.
It is based upon
2. Articles 1 (with minor omissions), 2, 6 and 7 are quoted textually. Begins.
Article 1. (i) The territories of the High Contracting Parties to which the present Treaty aplics are all territories under His Majesty's sovereignty, protection, suzerainty and mandate, except Canada, Australia, New Zealand, South Africa and Eirc and territories under the authority of the Governments of those countries, and all the territories of the Republic of China.
3
(ii) In the present Treaty the term "nationals' of one (or of the other) High Contracting Party" shall in relation to His Majesty the King mean all British subjects and all British protected persons, oxcopt British subjects or British protected persons belonging to Canada, Australia, New Zealand, South Africa end Eiro,
Article 2. All those provisions of treaties or agreements in force between His Majesty the King and the President of the Republic of China which authorise His Majesty on his representatives to exercise jurisdiction over nationals or companies of His Majesty in the territory of the Republic of China rre hereby cbrogated. Nationals and companies of His Majesty the King shall be subject in the territory of the Republic of China to the jurisdiction of the Government of the Republic of China, which shall be exercised in accordance with the principles of international law and practice,
Articles 3 and 4 provide for the cessation of rights of H.M.G. in the diplomatic quarter Peiping, the International Settlements at Shanghai and Amoy and the British Concessions at Tientsin and Cantan, for the assumption by Chinese Government of the official obligations of those areas and the recognition and protection by the of rll legitimate rights therein.
Article 5 protects all the existing rights of British nationals in real property in China, unless acquired by fraud or by confiscatory action during Japanese occupation.
Article 6. His Majesty the King having long accordod rights to nationals of the Republic of China within each of the territories of His Majesty to travel, reside and carry on commerce throughout the whole extent of that territory, the President of the Republic of China agrocs to accord similar rights to nationals of His Majesty within the territory of the Republic of China.. En all legal proceedings and in all letters
>
relating to the administration of justice, the lovy of texos or requirements in connection therewith, and the carrying on of commerce, nationals and companies of one H.C.P." in the territories of the other H.C.P. shall enjoy treatment not loss favourable than that accorded in those territories to the nationals of the latter H.C.P. The right to carry on coerce shall only be restricted in time of war and national
onergency/
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