OUTWARD TELEGRAM
F 7/16 CYPHER (TYPEX)
FROM: D.0.
TO:
CANADA
(GOVT.)
M.D.
42
183
26
AUSTRALIA NEW ZEALAND
SOUTH AFRICA
#
#1
70
(sent 8.10 p.m. 26th Oct.,1942)
D. No.434 SECRET
1.
Chinese extra-territoriality.
Australian Government telegram of 24th October No. 467. Para. 3. United Kingdom Government fully appreciate importance to Dominiɔn Governments of any question affecting right of entry into the Dominions. We assume that United States Government would wish to maintain this position as regards entry into United States. Article 6 of United Kingdom draft treaty, first sentence of which is based on similar article in United States draft treaty, refers enly to right to travel, reside and carry on trade "within" the territories concerned and gives no right of entry.
2. It may be convenient to summarise hera procedure as regards giving up Chinese extra-territoriality contemplated by Dominion Governments other than Australian and New Zealand Governments whose intentions are set out in telegram referred to above, and New Zealand telegram of 22nd October No. 366 respectively. Canadian Government have already initiated discussions with Chinese Government for a separate treaty which it ia contemplated would not include matters touched upon in Articles 6, 7 and 8 of the United Kingdon draft. South African Government wish to associate themselves with Article 2 only of the United Kingdom draft treaty and it is being suggested to them that this could best be accomplished by addressing a Note to this effect to the Chinese Government.
39 3.
My telegram D. No.432 of 24th October. Paragraph 2. On reconsideration United States Government agreed to include in their draft treaty sentence on general lines of second sentence of Article 6 of United Kingdon draft with slight modifications. United Kingdom draft has also been amended to correspond with United States draft in its final form. Second sentence of Article 6 of United Kingdom draft should accordingly now read "Each High Contracting Party will endeavour to accord in his territories to nationals and companies of the other High Contracting Party in regard to all legal proceedings and in matters relating to the administration of justice, the levying of taxes and requirements in connexion therewith, and the carrying on of commerce, treatment not less favourable than that accorded to his own nationals and companies"
4. His Majesty's Ambassador at Chungking is now being instructed to present United Kingdoa draft treaty to Chinese Government.
Copy to:-
V.C.O.
F.0.
Sir B.Bridges Sir B. Newton Mr. Ashley Clarke
Indle Office
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