CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 2

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

17.0

F 3807/828 /10

28.5.42 2

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This is quite an interesting batch of telegrams from the Foreign Office which shows that at the end of March, the Foreign Secretary had under consideration the desirability of concluding a new treaty with China (1) as a fore-taste of Anglo- Chinese co-operation in the post-war era, and (2) a counterpoise under a special agreement with Russia. The most suitable subject seemed then to be the abrogation of British extra-territorial rights which we are in any case already committed to negotiate at the end of the war. Before approaching the Chinese Government it was the F.0. intention to consult both the Dominions and the United States.

The Ambassador at Chungking agreed to the proposal to take this initiative, but stressed that the Chinese would be unlikely to accept any provisions other than such as are usually included in treaties between equals. He also referred to possible difficulties with the Dominions on securing a general guarantee on the usual reciprocal most favoured nation treatment.

The Foreign Office in the meantime, however, had come to the conclusion that the present moment was not suitable for taking the initiative since it would be construed as a sign of weakness, but decided that if in the meantime the Chinese Government themselves decided to raise the issue, we should respond sympathetically. They did not intend to shelve the question until after the war, but were willing to initiate negotiations when the military tide turned against the Japanese.

All this was communicated to the State Dept. at Vashington, and it is interesting to see that they have reported that the U.S. Government had independently in the consideration of the same problem reached the same conclusion, and they have expressed the hope that the two Governments should keep in touch with each other on this point.

We in the Colonial Office are not directly concerned with this problem of extra-territoriality in China, but we should keep a watch on the position in so far that any negotiations may raise the jurisdicial status of Hong Kong

in so far as the territory ceded to Great Britain by the Treaty of Nanking later treaties or the New Territories which were transferred to us on lease,are concerned.

The negotiations of the treaty may also raise the question of the treatment of Chinese in other Colonies, and General Department should be aware of the position.

This file might be brought up again in three months if nothing further has been received.

WB417m

2.6.42.

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KuBlaxler Jmegson

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Sin K. Payse Su G. Gakh

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D'Monconi

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