25.1
emergency and then shall only be subjected to such restrictions as aro necessary in the interests of national security and which are imposed upon all foreigners.
Article 7. The consular officers of one H.C.P., duly provided with oxequaturs, shall be permitted to reside in those ports, places and citics of the territorics of the other H.C.P. which are or may be open tɔ consular officers of cny foreign power. The consular officers of one H.C.P. shall have the right within their districts in the territories of the other H.C.P. to interview, communicate with and to advise the nationals and compenics of the former H.C.P., and nationals of one H.C.P. within the territory of the other H.C.P. shall have the right at all times to Communicate with the consular officers of the former H.C.P. The conşular officers of onc H.C.P. in the territories of the other shall be informed
mediately by the appropriate local authorities when any of their hationals are arrested or lctained in their consular districts by the Local authorities. They shall have the right to visit within the limits of their districts any of their nationals who are under arrest or awaiting trial in prison. Communications fra: the nationals of one H.C.P. in prison in the territorios of the other H.C.P. addressed to the consuler officers of the former H.C.P. will be forwarded to the appropriate consuler officer by the local authoritics. Consuler officers of one H.C.P. shall bo accorded in the territories of the other H.C.P. the rights, privileges and ilunities enjoyed by consuler officers under modern intérnational usage.
Article 8. provides for negotiations for a comprehensive treaty of friendship, commerce, navigation and consular rights after the war.. Pending the conclusion of such treaty all provisions of existing treaties shall remain in force insofar as they are not abrogated by or inconsistent with the present treaty. Any question affecting the rights in China of British nationals not covered by such provisions shall be discussed and decided in accordance with generally accepted principles of international law and with modern international practico.
Articlo 9. Ratification clause.
Ends.
3.
An exchange of notes would provide on a reciprocal basis that:
(c) Except where considerations of national security or militery necessity in time of war are involved, British nationals in China would bo dealt with only in regular Courts of Justice.
(b) British nationals will be detained only in suitable prisons.
(c) In matters of personal status and successim Chinose courts vill apply the law of the territory from which the British nationel e ncerned originates, and British courts will apply the law of the domicile of Chinese national concerned.
4.
My coments follow.
O.T.P.
Copy to:
Sir J. Brenen, F.0.
Mr. Costar, D.0.
Mr. Annan, B.0.
Mr. Monson, C.O.
Mr. A.R.Fraser, C.M.G.,M.B.E., Board of Trade, Mr. N.E. Youny, M.C., Treasury.
..
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