FOREIGN OFFICE,
135
240
S.W.1.,
3rd December, 1942.
RECEIVED.
(F 7912/828/10). Most Secret.
Dear Seal,
- 4 DEC1942
C. O. NOCY
Thank you for your letter No. 53821/42 of the 90 21st November about the draft treaty with China.
You will see from paragraph 13 of our telegram to Chungking No. 1532 of the 30th November, of which I enclose a copy for facility of reference, that we decided to authorise His Majesty's Ambassador at Chungking to discuss with the Chinese Government the question of the right to acquire real property without reference to the position in Kenya.
We are precluded from making any treaty
reservation on behalf of Kenya, and it would be undesirable to attempt to explain the matter inforamlly to the Chinese authorities for we should have to admit that the Kenya Government were in fact discriminating against non-Europeans in a manner contrary to the Convention of St. Germain. On the other hand, the right to acquire real property in China is of great importance to British interests and we must do our best to secure it if we can, although in the absence of American support it is doubtful whether we shall be successful. We are, moreover, compelled to act quickly in order to keep in line with the United States Government, who are pressing on with the negotiations
G.F. Seel, Esq.,
Colonial Office.
and
Page 240Page 241