B.4157/42
BURMA OFFICE,
WHITEHALL,
LONDON, S.W.1.
2nd December, 1942.
141
222
IMMEDIATE BY HAND
ECRET
Dear Brennan,
We have had some discussion on the telephone about the question of Article 12 of the Anglo-Chinese Convention of 1894 and its bearing upon the present negotiations with the Chinese. As you know our view is that if the Chinese will not give the assurances desired in respect of coastal trade and inland navigation, they should be asked to agree to the abrogation of that Article. We note that this has been covered in paragraph 8 of Foreign Office telegram to Chungking No.1532.
On further consideration, however, it seems to us that in order to make this matter watertight the exchange of notes should in any case provide that both sides
(a) relinquish any treaty rights which they possess, and
(b) while reserving the right to restrict ....... declare that
they do not contemplate introducing restrictions which will prevent the existing practice continuing pending the making of further arrangements.
It seems to us that unless Article (g) of the proposed exchange of notes is worded in this manner, there may be a danger of prejudicing our position when the time comes to discuss the comprehensive treaty referred to in Article 8 when there may be a question of using Article 18 of the 1894 Convention in bargaining with the Chinese, or alternatively of asking them to agree to its abrogation if they will not make reciprocal concessions.
If the Foreign Office agree could revised instructions be sent
to Sir H.Seymour ?
Sir J. Brennan, K.C.M.G.,
Foreign Office, Foreign.w.l.
Yours sincerely,
(Sd.) W.T.ANNAN.
3.- DEC 1949
WIL
compliments of the
Under Secreta
Mete for Burma.