CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 118

COPY

(F7286/828/10)

ABROGATION OF EXTRATERRITORIALITY

118

Chinese Paper On Issues Involved

Praising the United States and British move to abolish extraterritoriality in China, the Chungking independent newspaper Takungpao, voices the belief that all special rights violating the principles of equality in international law will be abolished. The announcements made by the American and British governments emerge from a new spirit of a new era, said the paper. It asserted that both governments have regarded China as their equal Ally, able to share with them the burden of world reconstruction. They recognise they would no longer treat China as a semi-colony keeping special rights for themselves. Based on this spirit, the paper believes, the draft of new treaties which will be presented by the United States and British governments soon for discussion between China and the respective governments will entirely coincide with this spirit of this new era, which represents freedom and equality. The paper a ain makes a list of special rights that other powers have enjoyed in China since the Nanking Treaty, listing the following:-

(1) Consular jurisdiction

(2) Concessions

(3) Leased territories such as howloon and Canton Bay

(4) Garrison rights

(5) Demilitarisation of fortifications

(6) Legation quarter in Peiping

(7) International management of the Pai River in Tientsin

and the Whangpoo River in Shanghai

(8) Internal navi ation and the employment of foreign pilots

(9) Coastal trade

(10) Rights of crews and anchorage of warships

(11) Establishment of foreign factories in Treaty ports

(12) Foreign Inspector General of Customs and Postmaster General

(13) Railway and mining rights

(14) Freedom of religious propagation and unilateral most

favoured nation clause.

All these have been effective in China for 100 years.

It is only logical for America and Britain to abolish all of them, says the paper, adding that from the standpoint of moral and spiritual considerations, they must also do this. Although it has been stated in the House of Commons by the Foreign Under- Secretary, Richard Law, that Hong Kong is not included in what Britain is prepared to abolish, we know of other special rights, such as Kowloon leased territory, that should be abolished by Britain. Pointing out that these special rights have been

instrumental/