[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.]
140
To CHINA.
Code telegram to Sir M. Lampson (Nanking).
Foreign Office, April 2nd 1931.
6.45 p.m.
No.48. (R). Tour.
93
(69)
AAA
(75)
Your telegram No.76 paragraph 7 end No.82, (of March 27th. Extraterritoriality Negotiations). 1. British subjects should be safeguarded against (1) expropriation of real property; requisition of movable property, and (iii) temporary occupation or use of either.
(ii)
2. Deletion at desire of your American colleague of the 3rd sentence in your telegram No.48 would seem to have the effect of depriving British subjects of protection and of treaty right to compensation in case of (iii). Would it not be better, therefore, to retein the original wording of your telegram No. 48 making each sentence into a separate paragraph? The sentence in your telegram No.82 under reference
beginning
4.
"any dispute" would thus become paragraph
3. with reference to the point raised in your telegram No.68 paragraph 2, if the legal counsellors have no right of intervention in cases where a British subject sues as plaintiff and the provision regarding arbitration in expropriation cases is dropped, the treaty will provide no safeguards for
a
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