Colonial Office.
OUTWARD TELEGRAM W. B L. Monson. Esq
With thThis Bobument the Property of His Britannic Majesty's Government, and should be
Under Secretary of State
tur Foreign Affairs
16 NOV 102 THIO
(F.7598/828/10.)
[Cypher.]
kept under Lock and Key.]
copied to:.
1.0
81
BO DO
86
DEPARTMENTAL NO. 2.
BIT
MWT Tsy
D. 10, 50
10, 50 p.m.,
14th November, 1942.
SECRET
Extraterritoriality
No. 1470.
FROM FOREIGN OFFICE TO CHUNGKING.
14th November, 1942. Repeated to Washington No. 7061.
My telegram No. 1414 [of November 1st:
treaty acquisition of real property] not repeated to Washington.
United States Government have decided not to raise the question of the acquisition of real property in connexion with the present treaty. They would have difficulty in giving reciprocal treatment for reasons relating to State and Federal jurisdictions and they wish to avoid contentious issues likely to delay the negotiations. They prefer to leave the matter for the later comprehensive treaty.
2. Although we can give reciprocal rights to acquire real property throughout this country and in most colonial territories, India probably has Federal difficulties similar to those of the United States Government. We were considering dealing with this matter by an exchange of notes to which India might need a reservation.
3. In the absence of American support do you think that there is any chance of securing on the above lines (a) the right to acquire real property throughout the country, or (b) the confirmation of our existing rights under the old treaties?
4. If your answer is in the affirmative we must again consult the United States Government before approaching the Chinese.
5. Possible alternative would be to add the right to acquire real property to the other matters mentioned in the second sentence of Article 6, in respect of which the Parties undertake to endeavour to accord each other national treatment. In this case India could probably participate.
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