CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 249

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

W.F. 7/14.

CYPHER(TYPEX)

OUTWARD TELEGRAM

FROM:

D.0.

TO:

CANADA

AUSTRALIA

NEW ZEALAND

(GOVT.)

#

SOUTH AFRICA

(Sent 7.0 p.m. 16th Oct., 1942).

OGT 1942

M.D.

16

246

IMPORTANT

D. No. 418 SECRET.

My telegram D. No. 406 of 9th October. Chinese

extra-territoriality.

1. United States Government through United States Ambassador in London have furnished text of draft treaty on lines previously summarised in paragraph 3 of my telegram D. No. 391 of 18th September. They have also indicated that they propose to hold themselves in readiness to present their draft treaty to the Chinese Government almost immediately. -In these circumstances His Majesty's Government in the United Kingdom have felt impelled to let United States Ambassador have their provisional comments on United States draft without delay.・ These comments are concerned chiefly with suggested additions to the United States draft covering points of practical detail. At the same time Ambassador has been informed that our views are subject to the comments of Dominion Governments and may therefore be modified when latter are available. To give time for consultation to take place United States Government have been asked to postpone presentation of their treaty for the present.

2. My immediately following telegram contains text of draft United Kingdom treaty which has been prepared on basis of United States draft but covering also the United Kingdom comments referred. to above. In addition to this treaty, His Majesty's Government in the United Kingdom have also suggested to United States Government that the Chinese Government should be invited to give certain assurances regarding the treatment of British subjects after extra- territoriality has been abolished. These it is hoped would be of a nature to facilitate every day relations with the Chinese Government in jurisdictional matters and would help to avoid misunderstandinge · and disputes. A suggested draft of such a note from the Chinese Government is contained in my second immediately following telegram.

3. The United Kingdom note in reply would give similar assurances to the Chinese Government regarding the treatment of their nationals in the territories of His Majesty to which the treaty applies.

4. In view of anxiety of United States Government to present their treaty to Chinese Government at very early date it would be appreciated if comments of Dominion Governments on the United Kingdom draft treaty and proposed exchange of notes could be telegraphed as soon as possible and in any case not later than 26th. October.

DISTRIBUTION OVERLEAF,

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