CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 200

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5.

With regard to (G) Article Six, we note that there ic little difference of substance between the American draft and the British draft. Inasmuch as the Ancrican draft conforms nore nearly to points already embodied in existing American treaties we are retaining our draft. To assume that the British Government will use its draft. We would point out for the consideration of the British Government that the British draft docs not accord a right of visit to nationale under detention.

6.

With regard to (H), relating to the proposed note from the Chinese Government, we do not understand the British Government's statement that they will take up the substance of that note with the Chinese Government informally "in the first place". While this Government is prepared to suggest to the Chinese Government informally that the Chinese Government nay care, of its own initiative and as a unilateral act on its part and in whatever way the Chinese Government wishes, to take whatever stops it might consider appropriate to provide for treatment of foreigners in China along the lines set forth in the first two paragraphs of the proposed note and perhaps to provide for one of the matters contained in the third paragraph, we continue to feel strongly that it would be inadvisable to suggest either forally or informally to the Chinese Government that it give a note covering the points mentioned. Before we can decide to mention the matter informally to the Chinese Government we should like to be sure that wo understand the British Government's position in this respect.

7. We note that the amendments to this Government's draft communicated in the Department's two messages of October 19th arc acceptable to and will be adopted by the British Government. (Mr. Vinant's two letters to Mr. Eden dated October 20th).

8. We understand that the Government of the United StatesS and the British Government are now in substantial agreement and know what cach Government intends to embody in the draft treaty which cach will present to the Chinese Government for that. Government's consideration. We realize as stated by the British Government that phraseology which suite the position in the United States night not exactly suit the position in the United Kingdon and vice versa, On this point we would observe however tha there are obvious and definite advantages to the British treaty and the American treaty being as nearly identical as circunstances pcrmit. We also venture to repeat our view that it is desirable that these treaties be drafted along broad general lincs and that they avoid particularization which can appropriately be left to the negotiation later of comprehensive treaties and which if included in the present drafts of proposed treaties might cause the Chinese to present detailed desiderata of their own and thus delay the conclusion of the treaties and dissipate the wholesome and beneficial psychological atmosphere which has thus far resulted and which we earnestly hope may be continucd. We should greatly appreciate it if the British Government would give further thought to those basic considerations with special reference to the additions it has proposed to Article Five and to Article Three.

9. In response to Mr. Eden's suggestion we shall postpone the presentation of the text of the draft treaty to the Chinese Arbassador until Saturday morning October 24th. In so doing wo shall ask the Chinese Ambassador to regard the text as confidential

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