68
2.
138
property might have to be commandeered.
118
Apart from ques-
tion of compensation the principle seams covered in article contained in my telegrem No. 49' which provides that British premises will not be subjected to any requisition. However if you prefer it I think I could get something on following lines (suitably paragraphed): "the use of property of British subjects shall not be denied to them even tempor- arily except in case of grave emergency for reasons of public interest in return for adequate compensation where such compensation is payable according to general inter- national practice. In no case shall compensation be less than compensation paid in similar circumstances to Chinese citizens. Last sentence as in my telegram No. 82." Please instruct me urgently as to which version you prefer. 5. Your telegram No. 46, third paragraph.
(95)
) and a
I will endeavour to secure addition to last sentence or inclusion in some attached document, of something on following lines: "Such cases will only be heard before special chambers provided for in article ( foreign legal counsellor shall assist at such hearing as provided in said article." But I anticipate a hard
struggle. Chinese are determined not to admit legal coun- sellors into ordinary modern courts; such a suggestion savouring in their eyes too much of the hated "assessor"
whom they successfully kept out of these courts from the time of their first establishment some twenty years ago.
Your telegram No. 48, fourth paragraph.
6•
I think this should go through.
as
7. Please send me instructions on above points as
51 well as those requested in my telegram No. 95 as soon possible. I an wixious to get all this background finally disposed of before tackling bigger issues. I presume you have no other points to case in connexion with legal safe- guards and that I can otherwise regard agreed texts referred to in my telegram No.75 as accepted on our side.
Addressed to Foreign Office No.107; repeated to Nanking, copy to Tokyo.
No comments yet.
Private notes are available after approval.