F.7/
YPHER (TYPEX)
cryphants of tha
OUTWARD TELEGRAM
FROM: D.O.
TO:
CANADA
(GOVT.)
AUSTRALIA
#t
NEW ZEALAND
#
SOUTH AFRICA
#1
196
22 DEC 1942
112
S.D.
D No. 570. SECRET
Sent 6.30 p.m., 22nd Dec., 1942.
187 My telegram D No. 562 of 19th December and previous telegrams regarding Chinese extra-territoriality.
1.
If U. K. Treaty is signed as hoped on 1st January we should wish to meet Chinese desire for exchange of ratifications to follow as soon as practicable thereafter. Preliminary to this so far as His Majesty's Government in the United Kingdom is concerned would be issue of Order in Council, to come into force on date of exchange of ratifications, abrogating existing China Order in Council and inter alia abolishing Consular Court. In accordance with agreed procedure this Order in Council would be expressed as made by and with consent of His Majesty's Governments in the Dominions.
2.
We are not aware what stage has been reached in negotiation of treaties, exchanges of notes or other instruments between Dominions and China providing for abolition of extra-territorial rights in respect of British subjects belonging to Dominions, and we are therefore uncertain whether these treaties etcetera will be concluded in time to enable exchanges of ratifications where necessary to take place simultaneously with our own. If this in fact proves not to be practicable it is hoped that Dominion Governments would see no objection to revocation of existing Order in Council as described above without awaiting conclusion of their own instruments. Any other procedure (e.g. revocation of Order in Council as regarde British subjects other than those belonging to Dominions which would necessitate subsequent Orders in Council in respect of Dominions on conclusion of their treaties) would be impracticable as there is only one Court for all British subjects. It would also lead to political difficulties with Chinese Government. Should be grateful for early reply.
Copy to:-
1
War Cabinet Offices
Foreign Office
India Office Burma Office
Colonial office Treasury
Dept. Overseas Trade Board of Trade
Sir E. Bridges
Sir Basil Newton
Mr. H. Ashley Clarke
Mr. R.K.W. Sloan
Mr. V.E. Beckett
Mr. Rumbold Mr.W.T. Annan Mr. Monson Mr. N.E. Young
Mr. J.W. Golsby
Mr. A.R. Fraser