CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 222

F7/14

OUTWARD TELEGRAM

CYPHER (TYPEX )

FROM:

D.0.

TO:

CANADA AUSTRALIA

NEW ZEALAND

SOUTH AFRICA

(GOVT.)

#$

10

**

(Bent 7.30 p.m., 21st Oct., 1942.)

N.D.

25

220

IMMEDIATE

D. No. 42S BECRET

23 My telegram D, No. 424 of 20th October, paragraph 1.

1.a Following are modifications proposed in text or draft treaty in my telegram D, No. 419 of 17th October following discussion with United States Government:-

Article 2 (1) Second sentence, Omit words "which shall be exercised'

Article 6c Delete last sentence begiming "The right to carry on commerce,.

*

Article 8. Re-word second and third sentence as follows: "Pending the conclusion of a comprehensive treaty or treaties of the character referred to in the preceding paragraph, if any questions affecting the rights in the territory of the Republic of China of. the nationals or companies of His Majesty the King or of His Majesty's Government in the United Kingdom or of the Government of India should ariee in future, and if these questions are not covered by the present treaty or by the provisions of existing treaties, conventions or agreements between the High Contracting Parties not abrogated by or inconsistent with this treaty, auch questions shall be discussed by representatives of the High Contracting Ferties and aball be decided in accordance with generally accepted principles of international law and with modern international practice".

20 The United States Government have also suggested the following additional minor drafting amendments which it is proposed so adopt:-

(a) Article 3 (11). After "diplomatic quarter at Peiping," continue including the official asoste and the official obligations of the diplomatic quarter, it being autually understood that the Government of the Republic of China, in taking over administration and control of the diplomatic quarter, will make provision for the assumption and discharge of the official obligations and liabilities of the diplomatic quarter, and for the recognition and protection of all legitimate rights therein."

(b) Article 4 (11), and Article 4 (ir). to be similarly rephrazsd.

(0)

icle 5 (1)

5. (1).

of and tidsa read oziating titles";

*

For existing rights in respect sxieting rights in respect of or as to delete "oth^zeise": for "such existing

警案

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