CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 45

2.

•

45-

cabotage).

article

I said I was unable to discuss this

further pending further instructions

as I had already exceeded ry brier in considering

alterations from our original text.

5. This disposed of all ground hitherto

covered. After emphasizing that question of

surrender of criminal jurisdiction was still very

much in the conditional stage I put forward draft

article containing safeguards in connexion with

arrest, imprisonment and trial in accordance with

Foreign Office telegram No. 22 (tour series) of

March 13th.

Hsu Mo subsequently presented

(33)

unacceptable counter draft. As result of prolonged

discussions on nearly every point we reached

agreement ad referendum to our (gr. undec)s on

text contained h my immediately following telegram.

I warned him (as in case of shipping article) that

I had no authority to depart from our original

text. I submit the following explanations.

Clause I last part first sentence is awkwardly

worded and Hsu Mo would like to delete either

"legal grounds" or "offence". Words "flagranti

delicto" are used because doubts as to what

precisely is covered by words "misdemeanour and

crime". Clause 5. Chinese maintain they cannot

accept our original version because it cuts

across Chinese law.

I put forward usual argument

that