CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 24

[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.]

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(F 1866/34/10)

To CHINA.

Telegram (en clair) to Sir M. Lampson (Nanking),

Foreign Office, 22nd April, 1931.

9.00 p.m.

No. 71.

(Tour).

My immediately preceding telegram ("Extra- territoriality negotiations").

1. All rights in immovable property held by British subjects in China shall be recognised as valid and shall remain undisturbed subject to the exercise of the right of eminent domain by the

Chinese government.

2. The property, whether movable or immovable, of British subjects in China shall not be expropriated or requisitioned except for reasons of public interest recognised by the law as such, and only after adequate compensation has been paid.

3. Any dispute regarding the amount of compensation to be paid shall be determined by reference to the competent administrative organ or the competent modern court of justice at the option of the British subject concerned in accordance with Chinese law. Where such cases are brought before the modern Courts of Justice the provisions of Article C (special chambers) and Article D (Legal Counsellors) of the present treaty covering the bearings of cases in which British subjects are involved as defendants will apply.