CO129-588-23 China- British extra-territorial rights- negotiations with China 28-3-1942 - 27-11-1942 — Page 292

F3807/

828/10.

With the Complimente

of the

Colonial Office Mo Gent)

MOST

copied to:-289

Under Secretary of StatSECRET

for Foreign Akalis

MEW.

[This telegram is of particular secrecy and should be

retained by the authorised recipient and not passed on].

(F 2031/74/10)

[Cypher]

No. 1979.

AMENDED DISTRIBUTION.

WAR CABINET DISTRIBUTION.

TO UNITED STATES OF AMERICA.

FROM FOREIGN OFFICE TO WASHINGTON.

BIT. TUZED

27th March, 1942.

Repeated to Chungking No. 412.

:

D.

12.15 a.m. 28th March, 1942.

SECRET.

My telegram to Chungking No. 410 [of 27th March: Extra-territorial jurisdiction in China] has been repeated to you for information but not for action pending further instructions.

2. As regards occupied China our courts have been suppressed but the Japanese have apparently taken no steps to assume jurisdiction over British subjects in ordinary cases. The Swiss Chargé d'Affaires at Shanghai therefore suggested that we should authorise the Swiss consular representatives to take civil and criminal jurisdiction over British subjects with power to apply Swiss penal law. We accepted this proposal and with the consent of the Dominions we issued an Order-in-Council to legalise the position. This arrangement may be nullified if we conclude the proposed treaty with the Chinese Government for the abandonment of our extra-territorial rights.

3. The draft treaty of 1931 referred to in my telegram to Chungking will be found in the volume of China print for January to June 1931 page 216.