CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 29

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.]

29

From C

Decode.

Sir H. Lampson (18.

April 1931.

D.

3.30 p.m. 21st April 1931

R.

10.40 a.m. 21st April 1931.

No. 103. (R). Tour.

139

1344

For confidential information only.

My telegram of April 18th. Only three real points

raised by Tientsin joint committee as follows:

A. Whether mining rights could not be included in as-

surance regarding rights in immovable property. This was

raised by Young.

E. Whether safeguards could not be included to prevent

members or employees of a company being held liable in case

of actions against company and thus victimized until company

pays amount in question.

C. Whether a British company associated with Chinese

in business will be liable to forfeit their rights under

treaty.

2. As regards A. I am doubtful of advisa bility

of dragging in our rights under mining concessions at

this late stage. In theory there is nothing in the aboli-

tion of extraterritoriality which should affect such rights

which rest so far as they exist on definite agreements. If

we open up question now we do not know where it is leading

us especially in view of ill-feeling at present existing

against Kailan mining administration owing to their unfor-

tunate dispute with Peking Mukden Railway.

3. As regards B. we should have, it seems to me to continue to seek redress through diplomatic channels in the case of such abuses.

4. As regards C. this would seem to be a question of how far company retains its British character under British Chinese law and I do not see how we could well cover point in proposed treaty.

5. I shall take no action unless instructed. Addressed to Foreign Office No.108. Repeated to Peking No.177, copies to Shanghai and Tientsin.

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