CO129-529-4 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 78

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or other international agreement acts in respect of one of the

Members of the British Commonwealth of Nations only, he cannot and will not purport to bind, or to affect detrimentally the

rights of his subjects belonging to another part of the Commonwealth; unless the Government of such part have expressly consented thereto by the issue of fullpowers to that effect on their behalf either to the plenipotentiary of the negotiating Government or to a separate plenipotentiary of their own. The procedure proposed in my Secret telegram Circular B. No. 41 of 3rd April was strictly in accordance with this paragraph and all the Dominionsother than the Union have now agreed to participate in the treaty on this basis.

Ends.

Clearly a position of great difficulty would be created

if the Union alone were to stand out.

It is true that treaty will also confer certain

privileges upon British subjects companies and ships but these

are merely certain safeguards attached tothe surrender of the much wider privileges which at present exist, and not additional benefits. No question arises of accession clause or "nevertheless" clause for goods such as are inserted in ordinary commercial treaties.

With regard to the practical objections advanced by Van den Heever, viz. that the Chinese might be tempted to raise the question of the restrictions imposed on Chinese citizens in the Union if the Union were to participate in the Treaty it seems to us that the Chinese if they wish to raise the question, will do so whether or not the Union participate in the treaty, but that for the reason given below they are less likely to do so if the

Union