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

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which in H. L. G. 's opinion should be discussed at the Peace Conference.

In the Christmas day talks Dr. Soong still pressed strongly for the inclusion in the treaty of a clause providing for the rendition of the territories. The Ambassador refused to give way on this but put forward the suggestion outlined aboye substituting however the words "victory is won" for "at the peace conference" as in his view this was preferable expression. He thought that Dr.Soong would be ready to accept these proposals, but even so the decision does not rest with him. Presumably from 174 this decision really lies with the Generalissimo and Dr.Kung.

He also reported that the Chinese in their discussion showed suspicion of the phrase "terms of lease" and he has asked whether the Foreign Secretary would consider such term as "the lease", or "question of lease", which would avoid the Chinese committing themselves to the continuance of the lease subject to modifications. This, of course, will leave our present position much less definite and in view of the line of discussion of the Cabinet as reported at 191 on this file it should presumably be resisted.

There are two other points in the treaty of some C.0. interest which might be noted here. (1) there has been dropped from the Annexe to the Chinese note the Clause whereby each side agreed in matters of personal status to apply the law of the territory of origin to cases in their own courts. The Chinese have claimed that this should be

axiomatics far as the C.U. are concerned, its dissappearance Light relieve us from some future troubles in Eastern Territories on matters such as the position and treatment of Chinese Lui-tsai, (2) the Clause about the law of master nationality in cases of dual nationality has been dropped from the treaty. The Ambassador will record the views of H.L.G. on this point i.e. that Chinese who are also British subjects cannot in British territory claim the benefits agreed by the treaty to Chinese nationals and vice versa, in an agreed minute.

I have indicated in the draft of the treaty at 133 on this file the amendments proposed so far.

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