CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 133

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

This Document is the Property of His Britannic Majesty's Government, and should be

returned to the Foreign Office if not required for official use.]

133

(1787)

To CHINA.

Code telegram to Sir M. Lampson (Peking),

Foreion Office, 7th April, 1931.

No. 94. (1).

97

6.45 p..

74

Your telegram No. 81 Tour (of arch 28th: Extraterritoriality negotiations).

Arbitration.

In paragraph 1 the words "at any place" might be held to meen "at any place in China" you should there- fore endeavour to secure original wording or some such equivalent phrase as "wherever entered into".

2. In paragraph 3 for "which forms the subject matter of" you should endeavour to substitute "the subject matter of which falls within the scope of". 3. In the attached note we should prefer "Chinese Mediation Law" instead of "Chinese Arbitra-

tion Law".

4. You should delete paragraph 4 and substitute

the following:

"leciprocally, the courts of the United Kingdom will recognise and enforce agreements for arbitration, entered into by Chinese citizens, in accordance with the law in force in the United Kingdom applicable to

such agreements".

5. The difficulty about reciprocity is that British courts have a certain discrimination, which in practice is exercised only in very exceptional

cases..

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