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the right should be "subject to the laws and regulations. of that High Contracting Party". This would at least put us in the position of being able to say, if a case arose, that the Treaty and the exchange of notes left no room for doubt that any transfer of Kenya land to a Chinese national was subject to the provisions of the land law which Seel described in the third paragraph of his letter.
4 There is one further point as regards real
property which we would like to raise. In paragraph 13 of your telegram No. 1532 you suggested the exclusion from any provision in the exchange of notes of Indians in China in view of the difficulty the Government of India feel in giving complete reciprocity. There are of course considerable Indian populations domiciled in certain Colonies:- e.g. Mauritius, the Straits Settlements, Kenya, Fiji, Trinidad etc and we presume that any
exclusion of Indians from the reciprocity provisions will be made clear as applying only to Indians domiciled in India and not to persons of Indian race who belong to other parts of the Empire.
Է Finally we would like to suggest that the time has come to make it clear to the Chinese that the references throughout the draft Treaty and notes to nationals of China and to their rights in British territory only concern those Chinese who are not British subjects or British protected
NOTE 3 -30% 150.
persons.
Yours sincerely,
(Sd.) B Foster Hall
for W.B.C Monson