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Memorandum giving the views of H.M.G. in the U.K. on the obscrvations of the United States Government inted 22n10ctbar regarding the draft treaty with China In extraterritoriality.
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Article 3. In deference to the States Govermont, H.M.G. in the U. K. draft the allitinal sentence.
views of the United will delete from their
Article 4. H.M.G. n te that while the United States Government do not propose to alopt the adlition suggested by H.M.G., they have perceived no objection to H.M.G's including the Mition in their wn lraft. H.M.G. 10 propose to retain this alition for this reason. Paragraph 1 of Article 4 of the American raft treaty renders all existing titles to real property in lefensible except upon proof of fraud. The expressi.n "existing titles" must mean all titles existing at the late the treaty comes into force. It will therefore cover all titles issuel by the Chinese Land Offices up to thette, incluling therefore titles issued by the puppet offices which have been functioning in the occupied territory since 1987 Some of the titles issued by the puppet offices should be recognised but some of them, especially those issued in more recent times, may have been acquired as the result of Japanese confiscation. But as we read the merican raft, all these titles will be rendered in lefensible except upon proof of fraud.
Article 5. H.M.G. in the U. K. note that the United States Government le not intend to include in their Araft treaty any sentence corresponding to the British su gostel sentence beginning "In all legal proceelings etc." and that they consider this matter might be more appr pritely taken care of in the future comprehensive treaty referred to in Article 7. Unless the United States Government change their view, H.M.G. will als lelete it from theirs. They wish, however, to express their opinion that unless national treatment in matters of carrying n business etc. is securel in the present treaty it is highly improbable that it will be possible to secure it in the future comprehensive treaty and that a more right t carry on business, unless national treatment as regarls the conlitions of its carrying on is secured, may be of little practical value.
Article 6. It would appear that one sentence from the British raft of Article 6 must have been omitted in the text telegraphed to Washington. The text of this Article transmitted in the memorandum of the 20th October containe 1 the sentence "They .c. Consular Officers shall have the right to visit within the limits of their districts ny of their nationals who are unler arrest or waiting trial in prison."
H.M.G.'s statement that they would take up the substance of the proposed draft note with the Chinese Government informally in the first place meant that they w.ul sound the Chinese informally and ascertain the Chinese reacti n. If the
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