Ext. 6027/42. WITH THE COMPLIMENTS
OF THE
UNDER SECRETARY OF STATE
FOR INDIA.
TU NOV 1942
19399.
65
XXX SECRET 276 groups.
101
Cypher telegram from Secretary of State to Government of India
External Affairs Department, dated
9th November, 1942.
IMPORTANT.
Your telegram No. 8681 of 31st October.
Ching Treaty.
No objection to Richardson signing for India. He will be sent full power signed by King and no special authorisation either by you in respect of British India or by me in respect of Indian States will be necessary.
2. I agree that there must be no question of wartime restrictions against Chinese being prejudiced by article 6. If, however, formal rescrvation on the point was made for India alone implication would be that in other territories to which treaty applied the position was left purposely unprotected. We shall therefore ask the Chinese at an appropriate moment to agree to the attachment to the treaty of a minute preserving in respect of all territories with reference to article 6, the right of both parties during wartime to impose restrictions on travel and residence in special areas for reasons of military security.
I am incidentally now advised that first sentence of article 6 does not give national treatment in respect of travel, residence and trade, but merely certain undefined rights in these matters, and that it would not prevent your requiring Chinese as aliens to register with police. will observe that national treatment is expressly provided for in the second sentence but not in the first.
You
3.
Our draft treaty was presented to Chinese Government on 30th October. They have asked both us and U.S. Government whether our drafts would abolish our rights of coastal and inland navigation in China. It is proposed to reply, if U.S. Government agree, that as the point is of no immediate practical importance, we would prefer not to enter into detailed negotiations regarding it until we come to discuss full commercial treaty envisaged in article 8; that meanwhile we would not claim continuance of our rights and hope Chinese Government will not prohibit British ships. trading in coastal and inland waters under their control especially as there is no prohibition on Chinese ships in similar trades in U.K. India and Colonies. Would this be true of India at present? It involves no commitment for the future, which I recognise would be difficult and no publication. Do you agree?
O.T.P.
Prev. ry. 9.6 letter of 2.11.42
دیا
no. Exp. 5915/42. (ś
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