[This Document is the Property of His Britannic Majesty's Government.]
AFFAIRS OF CHINA.
CONFIDENTIAL.
[14581]
No. 1.
C.O 16123
314
[April 19.]
13 MAY
SECTION 1.
(No. 143.) Sir,
Sir J. Jordan to Sir Edward Grey,~(Received April 19.)
Peking, April 1, 1909. IN continuation of my despatch No. 123 of the 17th March last, I have the honour to report on the further course of the negotiations between Mr. Mackenzie King and his Excellency Liang Tun-yen for the restriction by China of Chinese emigration to Canada in return for the removal by Canada of the present capitation
tax.
The exhaustive accounts of the two succeeding interviews which have been prepared by Mr. Mackenzie King and are enclosed herewith cover the ground so fully that it is unnecessary for me to do more than recapitulate the main facts.
At the meeting on the 17th March, Mr. Liang virtually admitted that China was in a position to make an agreement similar to that which had been concluded between Canada and Japan and that the Wai-wu Pu could regulate the restriction of emigration within defined limits by the issue of a certain number of passports. The form in which the agreement should be drawn up raised a slight difference of opinion. Mr. Liang thought that an exchange of notes would be sufficient, while Mr. Mackenzie King preferred a more formal arrangement in view of the fact that legislation in the Canadian Parliament would probably be necessary to give effect to any understanding that might be reached and the public would have to be left in no doubt that its form was such as to secure the end in view. This was the more necessary on account of the difficulties which had arisen through the acceptance of informal assurances from the Japanese. It was pointed out that Treaties were between nations what contracts were between individuals, and that a Treaty was desirable in a matter of this kind to prevent any possibility of misunderstanding as to the exact terms of the engagement. As Mr. Liang, however, adhered to his preference for an assurance in the form of an exchange of notes, Mr. Mackenzie King said that he had no desire to press the question at that stage of the discussion and would be prepared to leave to the consideration of his Government the form which the Agreement should take.
It was eventually decided that Mr. Mackenzie King should prepare a draft for purposes of further fliscussion on the basis that contract labour should be prohibited, except by the consent of both Governments; that free labour should be restricted to such numbers per annum as might be agreed upon, the restriction to be enforced by the issue of passports; and that Canada should, in return, take measures for the removal of the capitation tax.
The fourth interview at which the terms of a proposed agreement were discussed took place on the 10th March. Taking the existing Canadian legislation respecting Chinese immigration as his basis, Mr. Mackenzie King showed the amendments which would be required to bring it into harmony with the arrangement now contemplated between China and Canada and submitted for purposes of discussion a rough draft embodying the essential provisions of the proposed agreement. The various points enumerated in this were considered seriutim and the reasons were given in each case for the wording that had been adopted. Mr. Liang found the terms of this proposal generally acceptable and only made one or two suggestions which were embodied in a revised draft, copy of which was, at his request, sent to him on the 20th March. This revised draft, which forms inclosure No. 3 in this despatch, summarizes in a very succinct and complete form the final outcome of all these discussions, and is important as furnishing the basis on which any future consideration of the question must proceed. The document is perhaps somewhat fuller than the requirements of the negotiations here might have necessitated. but in drawing it up, Mr Mackenzie King had to keep in view the impression it would produce in political circles in Canada, and this consideration was explained to and fully appreciated by Mr. Liang,
The illness of the Grand Secretary, Na-t'ung, has practically placed the whole work of the Foreign Board in the hands of Mr. Liang, and being very busy himself at the moment, he referred Mr. Mackenzie King's draft to Mr. Tong Kai-son, a junior member of the Department, who had been one of the Chinese delegates to the Opium
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