CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 125

WITH THE COMPLIMENTS

OF THE

UNDER SECRETARY OF STATE

FOR INDIA,

▼ NOV 1942

Dear Ashley Clarke,

India Office,

Whitchell,

London, u.7.1.

November, 1942.

64

124

Will you please refer to your letter to Freser No.7.7522/28/10 of 5th November regarding the possible inclusion in the Extraterritoriality Treaty with Chine of an article dealing, with inland navigation and cocatal trade.

So far as ve sɑn ase the Government of Indie would probably be able to accept the dreft Article which you suggest, although they might wish to stipulate that for the purposes of the Article the coastal trade of India should be regarded as including trade between India on the one hand and Burma and Ceylon on the other. Before, however, you definitely comit yourselves to the Americans in respect of an article on these lines it would be desirable to consult the Government of Indie in regard to it. We therefore suggest that in the penultims te sentence of peragraph 5 of your drøft Nevorandum for the State Department you should insert the word "probably" before the words "be acceptable to U.M.G." and that efter "li.i.d." you should insert the fords subject to the camento of the Government of inia in regard to its application to India".

I have considered whether we ought to telegraph legraph the text of the proposed Article to the Government of india et this stage, but as you are asking the Americans to agree to an attempt to permusde the Chinese not to press for the matter to be specifically cleared up in the present Treaty, it would I think be best not to cmoult the Government of India until we know the recation of the State Department to the Memorandum you propose to send to them. Meanwhile there is s short reference to the matter in a deft telegram to the Government of India which I sent to you for your concurrence

H. Ashley Clarke, Ko3C}.,

Foreign Office,

9.2.1.

with/