X
OUTWARD TELEGRAM
FROM 8. OF S.. COLONIES.
54472/1/49
Cypher (0.T.P.)
INMEDIATE
TO HONG KONG (Sir A. Grantham)
Sent 5th January, 1950. 21.00 hrs.
No.30
Secret.
9/11
Addressed to Governor Hong Kong, Repeated to Commissioner General South East Asia,
No.12,
High Commissioner, Federation of Ealaya
No.17.
Your telegram No.8.
1.
I am advised that the formula of recognition which ia proposed (see my telegram No.1926) comes as close to the Boguslawski case as we can make it, having regard to the fact that we are now recognising whereas in that case we were giving a certificate of recognition which had taken place previously. As was said in the certificate in that case:-
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I am advised that the question of the retroactive effect of recognition by a Government is a question of law for decision by the Courts".
The real problem will arise if and when we have to provide for production in Court of a certificate with respect to the recognition of the Communist Government,
2.
It was not our intention to suggest that in all ouses the Communist Government would be able to take possession of Chinese State property without having to prove their title in Court, e.g. in cases in (a) and (b) in your telegram under reply.
3.
In general, I an advised that, if there is a dispute, the question of the authority of an agent to take possession of state property on behalf of Communist Government will be one for the Courte, and there would seem to be no reason for the Hong Kong Government to interfere unless and until a breach of the peace was threatened.
4
The question in a particular case whether a person is a duly authorised agent of the Communist Government will be one to be decided by the Courts in accordance with local law and rules of evidence. I note from your telegram No.90 paragraph 8, that questionnaire from Chief Justice on recognition may be expected shortly.
5.
The question of agent who may take possession of property is quite distinct from appointment of a quasi- diplomatic representative to replace Kwok.
Copies sent to:-
Foreign Office
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Mr. P.D. Coates.