CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 182

COPY

Colonial Office

(F 8099/828/10)

CYPHER

Copies Aduati

20

TS-

BIT MIOT

MOST SECRET

With t

Empliments

Sudden Ses

Sta

183

7 DEC 42

་

This telegram is of particular secrecy and should bet retained by the authorised recipient and not passed on 7.

No. 1552.

WAR CABINET DISTRIBUTION

TO: CHINA

FROM FOREIGN OFFICE TO CHUNG, ING

5th December, 1942.

D. 10.40 p.m. 5th December, 1942.

Repeated to: Washington No. 555 Saving.

30

130

IMMEDIATE

Ky telegram No.1538 of 30th November: extra-territoriality paragraph 8.

In order to make the position clearer paragraph 1(g) of the draft note in my telegram No.1558 should be amended as follows. The second half of the paragraph after the words "coastal trade and inland navigation of the Republic of China" should read:

"and the Republic of China relinquishes its rights

under Article 12 of the Convention signed at London on lat karch, 1894, relating to navigation on the river Irrawaddy: the Government of the Republic of China on the one hand, and the Governments of the United Kingdom and of India on the other hand, while reserving the right to restrict the coasting trade and inland navigation to vessels flying their own flags, declare that they do not contemplate introducing restrictions which will prevent the participation by merchant vessels of His Majesty in these trades in China or the participation of Chinese merchant vessels in these trades in the territories of His Majesty to which the treaty applies, pending the making of further arrangements between them or the conclusion of the comprehensive treaty referred to in Article 8.

2. The effect of the above amendment would be that Chinese give up their treaty right under Article 18 of the 1894 Convention, at the same time as we give up our treaty rights in Chins. Equally each party promises to allow participation of merchant vessels of the other in coastal trade and inland navigation throughout all the territories to which the treaty applies pending further arrangements or the comprehensive treaty.

OTP