CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 10

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

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3.12.43

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133id his note 8 to Chungking 1567 of 8/12

SMS 149. Ashley Clarke

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4.12.42.

312.42

8.12.42

Yesterday afternoon, at short notice, I was asked to go to the Foreign Office to discuss draft telegrams (A and B) dealing respectively with the right to acquire real property and the protection of Chinese British Subjects. These two draft telegrams have now been revised (see A2 and B2 in No. 149).

As regards B2 (Chinese British subjects) I raised the question whether Chinese who are also British Profected persons would be covered by a provision on the line sindicated, and I was assured this would be the case' by virtue of the definition of "national" in Article 1(ii) in the text of the Treaty in No. 133.

As regards the acquisition of real property, it will be seen that the first idea of the F.O. was to telegraph the draft text in No. 76, but that on second thoughts they have thought it best not to do so, partly because it is now thought that India and Burma may be able to participate in a formula on any of the lines suggested in A2.

It will be seen that while in para. 3 of the draft telegram at A2 it is said that a formula including the words "subject to the laws and regulations.......is the absolute minimum" in para. 2 of the draft telegram the Ambassador is being authorised to"obtain the best text he can" which

possibly

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