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PUBLIC RECORD OFFICE
Reference :-
TINC.O.882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
PUBLIC RECORD OFFICE, LONDON
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The
tions for the complete and final settlement of the boycott. Judges might be very well qualified to decide the question of fact, but they might not be qualified or willing to undertake the duty of weighing the political and financial points necessary for a settle-
Do you mean to combine them?
ment.
Mr. Ch'ên: The commission would be composed of reasonable men, and we would trust them to liquidate the whole thing.
Mr. Kemp: The Court might not be qualified to deal with poli- tical and economie questions, and the relevant political and economic questions might not be before them.
Mr. Ch'ên: Please list your queries and I will reply to them in detail.
Mr. Kemp: The main objection to the enquiry proposal is that it does not provide for an immediate settlement of the boycott. The enquiry might take six This is a very serious objection.
months or a year. Is the boycott to continue all that time? Is that your intention ? Do you mean to hamper trade and restrict the revenue of both Governments all that time?
The participation of the French is necessary for the following
reasons: -
(1) The enquiry would otherwise be incomplete. We should require French witnesses, and perhaps French records.
(2) The liability, if there is any liability on the Shameen side, is not only a British liability. French forces took part, and presumably some of the casualties were due to French action.
are involved. (3) Not only British interests interests are also involved in the following way :-
French
(a) The French settlement is boycotted as well as the
British.
(b) A French citizen was killed.
(c) We must envisage all theoretical possibilities and
the French might be found to blame.
For these reasons French participation is essential.
Mr. Brenan: In the interests of international amity we could not accept such an enquiry without French consent. It would be an unfriendly act for us to take action in matters in which they are concerned without their co-operation.
Mr. Ch'ên: Does that exhaust your points?
Mr. Kemp: Yes, if you add the objection to the delay in the settlement of the boycott as the proposal stands at present.
The Chinese delegation then left the room for a consultation, which lasted fifteen minutes. On their return-
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Mr. Ch'ên: We will deal first with the point concerning the French. We have no objection to the French being brought in. We consider the French question a separate issue, and would prefer that it would be decided separately. If the British dele- gation insist on bringing them in we have no objection, but it would suit us better to deal separately with the British and Chinese question and the French and Chinese question.
In the matter of the preliminary expenses of the commission we wish to state that we are prepared to follow international prac- tice, and this also applies to the matter of the deposit.
As concerns the question of the liability of witnesses, at this distance of time this criticism applies to all witnesses equally. Cross-examination, addresses and summing-up. will save all that.
We wish to state that (f) in our enquiry proposal statement will exclude letters to the papers, but will not exclude despatches. As to Mr. Kemp's point as to the fitness of the Judges to undertake the double duty, I wish to emphasise our views on this point. First, the conference has reached the point where the Chinese delegation think that a third party must be entrusted with the settlement. The terms of reference must be not only judicial, but must include the question of arbitration. The judicial tem- perament is eminently suited to the settlement of political ques- tions. It will be able to weigh evidence and exclude gossip, and so forth.
Mr. Kemp's point of the continuation of the boycott: this seems inevitable. If the British delegation require an immediate re- sumption of 'normal relations, we say that they must share our burden. They decline to do this, and it is a chose jugée.
The course now taken by the conference leads inevitably to a Our breakdown, and to indefinite prolongation of the boycott.
We suggestion at least puts a positive period to the boycott. have suggested a means of settlement, though it may take time, and we have made suggestions at our last meeting which will even avoid delay. But they involve the payment of money, the British delegation refuses to consider that.
and
I wish again to emphasise that a settlement must involve the payment of money. The British delegation says that they can- not possibly pay. Does that involve an indefinite continuation of the boycott? We answer "No." Our enquiry suggestion is a practical solution of the difficulty, though a delay is inevitable.
I wish categorically to affirm that the Chinese delegation desire to expedite the settlement of the boycott, but we have no money. Mr. Kemp: Probably I did not make myself sufficiently clear. I had two points. One was that the members of the tribunal might be eminently qualified to ascertain the facts, but they might not be so well-qualified to deal with the political and economic considerations. The other point was that the tribunal would not