CO537-4841 — Page 15

INWARD TELEGRAM.

54477.

&

TO THE SECRETARY OF STATE FOR THE COLONIES.

OOPY FOR REGISTRATION

This document must be paraphrased if the communication of its contents to any person outside Government Service 18 authorised.

Typex

IRMEDIATE

Ko.8

(4)

(1)

FROM HONG KONG (Sir A. Grantham)

D.

Ва

5th January, 1950.

4th

19.15 hrs.

This can be regestand as seen! -

SECRET

Your telegram No.2745, 1899.

-5JAN

?

Recognition of Communist Government.

My despatch No.36 was primarily intended to ensure that consideration should be given to adoption of formula of recognition used in Boguslawski case in order to counteract normal retroactive effect. It is appreciated that in the absence of this formula the exact date from which recognition will be regarded as effective will be a question of fact for the courts. It is not (repeat not) appreciated why communists will not be required in certain instances to prove title in court. Such instances would in the view of my legal advisers arise

(a)

If persons now in possession refused to hand over to comuniste or persone claiming to represent them or

(b) If persons in possession claimed to

derive title under acts or instrumenta which might or might not precede effective date of recognition.

Assuming lawful title can otherwise be shown question way still arise as to whether persons claiming to represent communist Government can be considered as having authority to aut here. Any guidance as to what credentials may in the unusual circumstances be accepted will be appreciated. I suggest that His Majesty's Representative in Peking wight, at all events during any hiatus caused by absence of properly accredited Consular Representative of Chinese Government here, be asked to arrange with communist Government for certification by him of authority granted to its agents here. Distributed to:-

R. 453

Secretary of State

P.S. to Minister of State

Sir T. Lloyd

Mr. Rees-Williams

Sir C. Jeffries

Mr PD Coates 14 </

Sir H. Poynton Mr. Holding

Mr. Paskin

Hr. Sidebothan

Mr. Hall Mr. Radford.

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