CO537-4841 — Page 19

CO537 Colonial Confidential Records 理藩院機密檔案 All

Registry No.

Top-Secret.

Secret

Confidential.

Restricted.

Oren

(Date)

Despatched.....

F.O..

....M.

Draft.

Telegram to :-

No.

(Date)

Repeat to :-

Security classification]

-if any

Addressed to

Hong Kong

....telegram N........ (date).

repeated for information to..

Commite Singapore,

Kuala Lumpur, Nanking

Your deopoteh No. 36 of 15th December,

Effect of Recognition of Communist Government.

give

We hesitate to answers the general/questions

to the

in paragraph 6 of your despatch.

It will be

necessary to consider concrete cases when they

arise.

2.

Subject to this caution we are advised that

the following are the answering

your questions:-

English courts have regarded recognition

Wt.21357/165 75,000 8/48 A.& E.W.Ltd. Gp.685

NOTHING TO BE WRITTEN IN THIS MARGIN.

(36302)

comments represent the

farthest can go

En Clair.

Code.

Cypher.

Distribution :-

(a)

as being retroactive in its effect and this seems

to be the generally accepted view. Therefore,

we cannot forecast the exact date from which

as recognition will be regarded to be effective in

matters relating to property. This is a question

which normally has to be answered by the courts

where the action is brought. (See for example,

The decision

.

Oppenheim, 7th Ed. Vol 1.p.133.)

Gretroactive

133..)

of a court as to the legal effect of recognition

will not alter the date of the recognition itself,

which we anticipate will be the day on which the

note according recognition is delivered by HMG. to

Sach the_the_Communist Government No/decision by-

from which

the Court -to- the effective date of recognition in a Hong Kong

CountTM

/can, of course, be made before the delivery of

laccording recoming be notified about the

recognition note You will

HMG's no

delivery/

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