B.4056/42.

Burma Office, Whitehall,

SW.1.

26 November, 1942.

105 307

Dear Ashley Clarke,

Will you kindly refer to your letter to Rumbold dated 11th November No.F.7677/828/10 enclosing a draft note on the acquisition of real property. We have been considering this draft and as wo sec it the position under existing legislation in Burna is that Chinese nationals and companies have the rights set out in the draft. We feel however, that we should let you know that we think the Government of Burma might find it difficult to agree to an assurance on the lines onvisaged being given as regards Burma for fear they may well find it desirable in the future, ospecially during the reconstruction period, to introduco something in the nature of discriminatory legislation. Before the invasion of Burma a problem had already arisen owing to Chinese flooding into Rangoon and buying up house property at such high rates as to cause a housing shortage. To meet this the Rangoon Rents Restriction Ordinence was promulgated which though aimed against the Chinese did not in terrs distinguish between Iritish subjects and Aliens. If similar problems arisc in the future however, (and it seems quite likely they will,) it may not be possible to avoid legislation

which is discriminatory in terms as well as in effect. And ther difficulty is that Indians in Burma constitute a much more acuto problem than Chinose, cwing to the tendency for land to pass into their hands, and the Government of Burra ny in future pass logislation aimed at restricting Indians in the acquisition of real property. If this happens it would clearly be cut of the question to grant Chinose nationals rights which were withheld from Indians.

H.Ashley Clarke,Esq.

Foreign Office,

S.W.1.

/Since

With the compliments

of Mr.

Johnston

Burma

Omos.

26/11/42

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