CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 100

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[This telegram is of particular secrecy and should be

retained by the authorised recipient and not passed on.]

[Cypher]

Sir H. Seymour

No.1719.

WAR CABINET DISTRIBUTION.

FROM: CHINA

FROM CHUNGKING TO FOREIGN OFFICE

25th December, 1942.

IMMEDIATE.

173

201

181

195

I

D. 4.40 p.m. 25th December, 1942. R. 5.10 p.m. 26th December, 1942.

[ ] [ ] [ ]

My telegram No.1677.

Following is report on further meeting on December 25th.

2. Kowloon. See my immediately following telegram.

3. Article 6. Carrying on of commerce. Chinese point out that as the Americans have agreed to drop these words for which they had strongly pressed, it is impossible for the Chinese Government to agree to their insertion in our treaty. As it was evident [3 groups undec.] your proposal I finally agreed to drop it provided the Chinese would give us land formala. I pressed the agreed minute on point of principle but Minister for Foreign Affairs said that statement reported in paragraph 5 of my telegram No.1677 which I read to him represented only his personal view of Chinese policy and that he was unable to commit himself in writing. I do not think we can pursue the matter in these negotiations (see my telegram No.1721).

4. Overseas shipping Chinese accept text contained in [group undec. ? paragraph of your telegram No.1602. They wished to insert the sentence regarding coastal ports as in paragraph 9 of my telegram No.1699. After full discussion it appeared that they had become alarmed at the possible implications of the words "are or may be opened to overseas merchant shipping" in their text which they thought might be held permanently to prevent their closing any port hitherto open to overseas shipping. We agreed to recommend the adoption of the following solution to our respective Governments: the sentence about coastal shipping not to be inserted and the point now made by the Chinese to be covered by the agreed minute "both high contracting parties reserve the right to close any port to overseas merchant shipping for reasons of national security".

5. Coastal trade and inland navigation. Our text (see paragraph 2 of your telegram No.1602) as amended by you telegram No.1616 is accepted. Chinese have not pursued the argument about Irrawaddy and were informed of and will accept the Agreed minute referred to in paragraph 3 of your telegram No.1601.

6.

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