The original of this document was handed to Mr. Liu Chich, Minister Counselor of the Chinese Embassy, by Mr. Hornbeck and Mr. George Atacheson, Jr., on November 27, 1942.
Communicated by United States Ambassador
on 9th December.
STRICTLY CONFIDENTIAL.
153
Careful consideration has been given to the suggested modifications of the draft treaty on extraterritoriality which the Department received from the Chinese Embassy on 10 th November, 1942.
One. As regards paragraph one of the Chinese suggestions, the Government of the United States suggests, in a sincere desire to meet appropriately the wishes of the Chinese Government in this matter, that this question might appropriately be covered in the preamble of the treaty and that the language of the preamble accordingly might be altered to read as follows:
*The United States of America and the Republic of China, in recognition of the friendly relations which have long prevailed between their two peoples and of their common desire as equal and sovereign States that the high principles in the regulation of human affairs to which they are committed shall be made increasingly effective, have resolved to conclude a treaty for the adjustment of certain matters in regard to jurisdiction in China and related questions, and have appointed et cetera."
Two. As regards paragraph two of the Chinese suggestions, it may be mentioned that the adjective "legitimate" was used in the American draft to describe the rights in question and it wou accordingly seem that the additional language suggested by the Chinese Government is not necessary. However, if after further consideration the Chinese Government should prefer, the Government of the United States for its part would be willing to delete from the end of the second paragraph of Article II and II of the American draft treaty the words "and for the recognition and protection of all legitimate rights therein", thereby eliminating any basis for the additional clause in question suggested by the Chinese Government.
Three. (a) As regards the first item of paragraph three of the Chinese suggestions, the Government of the United States would be agreeable, if it is considered by the Chinese Government that the term "fraud" in the American draft is too narrow in a technical legal sense, to altering the particular language in question to read, "it is agreed that such existing rights or titles shall be indefeasible and shall not be questioned upon any ground except upon proof, established throu due process of law, of fraud or of fraudulent or other dishones' practices in the acquisition of such rights or titles, it being understood that no right or title shall be rendered invalid by virtue of any subsequent change in the official procedure, which is was acquired".