CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 223

Copy

With the Compliments of the

Under Secretary of State for Foreign Affairs

(F 7997/828/10)

Cypher7

Sir H. Seymour,

No. 1596

8

3 - DEC 1942

Colonial Office 140

RECEIVED B. L. Monson. Esq)

-3 DEC1942

•

SECRET

223

USUAL DISTRIBUTION

DEPARTMENTAL NO.

FROM CHUNGKING TO FOREIGN OFFICE

D. 5.30 p.m.

26th November 1942.

26th November, 1942

R. 11. O p.m.

26th November 1942

Your telegram No. 1456.

alued

I will take appropriate opportunity of seeking to arrive at understanding with the Chinese Government "that unfinished probate cases of British subjects who may have died in China before the coming into effect of the present treaty will be completed by British Courts."

2. The above formula will cover both Free and Occupied China, and will leave it to us to make our own arrangements as regards the courts by which cases will be terminated. In the case of Free China, steps will presumably have to be taken either to keep the power ? grp. omitted? of Supreme Court alive with His Majesty's Consul-General Yunnanfu as acting judge, or to transfer cases to courts in India or the United Kingdom. In the case of Occupied China you will no doubt consult Judge Mossop. Outstanding Hardoon case in Shanghai may present difficulties.

3. Mr. Prideaux-Brune having been relived by Ogden as His Majesty's Consul-General of Yunnanfu, the latter

should now be appointed acting judge to deal with unfinished probate cases and any other court business which may arise before the treaty comes into force (see your telegram No. 252).

OTP