CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 145

COPY

#

With the Compliment

of the

Under Secretary of State for Foreign Affairs

(F 8288/828/10)

1

6 DEC 1942

Colonial Office

W. B.L. Monson Esq)

هام

175

This telegram is of particular secrecy and should be retained by the authorised recipient and not passed on

Cypher

Sir H. Seymour. No.1679.

WAR CABINET DISTRIBUTION

FROM CHINA

MOST SECRET

USUAL DISTRIBUTION

FROM CHUNGKING TO FOREIGN OFFICE.

15th December, 1942.

D. 4.50 p.m. 15th December, 1942.

R. 6.25 p.m. 15th December, 1942.

146

173.

17

emir

INMEDIATE.

My telegram No.1677 paragraph 9.

Following is navigation formula as communicated to us on 14th December:

*His Majesty's Government and Government of Republic of China mutually agree that merchant vessels of each country shall be permitted freely to come to ports, places, and waters of other countries which are or may be opened to overseas merchant shipping and that treatment accorded to such vessels in such ports, places, and waters shall be no less favourable than that accorded national vessels and shall be as favourable as that accorded to vessels of any third country.

His Majesty's Government relinguish thẻ special rights which vessels of the United Kingdom and India have been accorded with regard to coasting trade and inland navigation in waters of Republic of China. should either country accord right of inland navigation or coasting trade to vessels of any third country, such rights would similarly be accorded to vessels of other country. The coasting trade and inland navigation of each country are excepted from requirement of national treatment and are to be regulated according to the laws of each country in relation thereto. It is agreed however that vessels of either country shall enjoy within the territory of other country, with respect to coasting trade and inland navigation, treatment as favourable as that accorded to vessels of any third country".

2. I request your authority to accept first paragraph in place of our l(a) in the hope that we may thus avoid further consideration of Chinese text referred to in paragraph 1 of your telegram No.1587. we see however little objection and some advantage in accepting latter text also seeing opening of ports to overseas shipping is in any case at discretion of Chinese Government.

O.T.P.

3. I request your authority to accept second paragraph subject ta

(a) insertion of sentence providing for corresponding

relinguishment by China of her Irrawaddy rights under convention of 1894.

(b) Addition of words "subject to reciprocal treatment" after

the words "of other countries" at the end of second sentence, and addition of following sentence at the end: "and that these and other matters connected with navigation of waters of the two countries will be discussed and dealt with on a basis of equality and reciprocity in comprehensive Treaty of Commerce and Navigation referred to in grp. undec.? Anglo-Chinese / Treaty signed to-day.