CO537-3711 — Page 6

consists make city

h. Paskri

Reference. In Burbrots Wrongs

ས

bi Wallaces minutes

I think we should endeavour, in any correspondence with the Legal Adviser at the Foreign Office, to keep clear of political questions such as that of a further approach to the Government of China. That is a matter which, as I see it, Mr. Beckett, if he thinks it desirable, should raise with the China Department of the Foreign Office, who should then write to us about it. At the moment, our last word on that matter is the view expressed in the concluding sentence of No. 226 on file 54145/16/48 Part III by Mr. Mayle that no further approach should be made to the Chinese "unless they are prepared to accept the fact that we cannot accept their claim to jurisdiction, etc."

The attitude of the China Department of the Foreign Office is, I understand, that they do not want to/make a further approach to the Chinese until after they have received the Law Officer's view as to the strength of our claim if we went to arbitration. Certainly I cannot see that the question whether it would be desirable to make a further approach to the Chinese is a matter on which we ought to consult the Law Officers of the Crown; it seems to me that is a matter of politics outside their competence.

We should, therefore, correct the draft case in relation to the death of one of the dan men. We should also explain, with reference to paragraph 30 of the draft case,

that we have not yet heard from the Service Depart- ments, and I suggest that the concluding paragraph of Mr. Roberts-Wray's draft below might be amended on the following lines:-

"With regard to the main point dealt with in your letter, while, naturally, we should like to see the case settled by a compromise acceptable to both sides, we should like, before expressing a view on this ourselves, to have the views of the China Department of your Office on your suggestion as the matter is really a political one as we see it. In any case, we doubt whether the question of a further approach is one on which we should ask the Law Officers to advise, and we do not feel that there should be any delay in putting the case before them for their opinion."

As regards paragraph 6 of Mr. Wallace's minute, it appears to me that the submission of the case to the Law Officers has been virtually approved by Mr. Rees- Williams. I dont think we had comment further outh oft salminum.

Tham palacky others

PHIR

Im samirada no 57°4/45/46/48

fo ment

It is cutanis not outcast the province Legal Adria

ว

a

to "clicul," a basis

muggut to his

for compromine

نیم مک

27.4.1948.

I do not think that we should gain very much by being too formalistic on the question whether it is proper for Mr. Beckett to express opinions on other than the purely legal aspects of this question. Indeed he has, in effect, himself put his suggestion to the China Department of the

/Foreign