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[This Document is the Property of His Britannic Majesty's Government,]
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6486
AFFAIRS OF CHINA.
CONFIDENTIAL.
[3514]
No. 1.
[February 16
RG 4 MAR 10
SECTION 1.
(No. 48.) Sir,
Sir Edward Grey to Sir A. Nicolson.
Foreign Office, February 16, 1910. I HAVE received your Excellency's despatch No. 77 of the 8th instant, enclosing the draft of a pro-memoria which you propose to address to the Russian Government on the subject of their railway settlement in Manchuria.
Since the date of my despatch No. 20 of the 25th January to your Excellency a further despatch, copy of which is enclosed, has been received from His Majesty's Minister at Peking, from which it will be seen that, in consequence of Sir J. Jordan's representations, General Horvat has considerably modified the terms of the "note of promise" required of a foreigner wishing to lease land at Harbin or elsewhere in the railway area. It is now provided that all disputes arising out of such leases are subject to the examination of the nearest consular representative of the applicant.
As Sir J. Jordan observes, this alteration removes the most objectionable feature of the previous undertaking, and I have approved his proposal to authorise His Majesty's consular officers to attest the signature of British subjects who may subscribe to the note of promise" on the understanding that this formality does not in any way commit His Majesty's Government to an approval of the terms of the note. Formal consideration of the note is deferred until the conclusion of the negotiations pending between the Russian and Chinese Governments for the framing of the detailed municipal regulations.
I have accordingly caused paragraphs 3 and 4 of the pro-memoria prepared by your Excellency to be redrafted so as to meet the altered circumstances of the case, and I concur in your suggestion to leave a copy with M. Isvolsky as now enclosed.
The final paragraph of the pro-memoria relative to the attitude of the Chinese Government in the matter appears to be adequate.
I am, &c.
E. GREY.
Enclosure in No. 1.
Draft of Pro-Memoria.
HIS Britannic Majesty's Embassy had the honour to communicate to the Imperial Ministry for Foreign Affairs on the 17th (30th) October last a memorandum regarding the situation at Harbin, and, in accordance with instructions which it has received, would beg leave to add some further observations to those submitted in the above communication.
2. His Majesty's Embassy desires to assure the Imperial Ministry that His Majesty's Government are sincerely anxious to see the present question settled to the satisfaction of Russia and Great Britain alike, and it would point out that His Majesty's Government have never raised insuperable objections to the proposals made by Russia in regard to the question of railway settlements. His Majesty's Govern- ment have claimed nothing more than that the rules for the government of international municipalities in China must receive the approval of the treaty Powers before they can be made applicable to foreign subjects. In this connection it is pointed out that the statement contained in the Russian aide-mémoire of the 23rd September (6th October) to the effect that foreigners are obliged to submit to "règlements et taxes existants" in China would appear to be founded on a misunder standing, as China can impose no municipal taxation of any kind upon toreigners without the consent of their Governments,
* Sir J. Jordan, No. 20, January 12, 1910.
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