CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 296

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17. As regards foreign pilots, we have no wish to retain any special privileges in this matter, but for the safety of ocean shipping we consider that the Chinese Government should agree to employ a sufficient number of qualified foreign pilots at Shanghai when the port is again open to allied trade and until an adequate number of Chinese pilots can be trained to take their place. It would also be desirable to secure from the Chinese Government an undertaking to assume responsibility for the financial obligations of the Shanghai Licensed Pilots Association towards those of its members whose employment

was terminated.

18. We are willing to relinquish in the exchange of notes any claim we may have to the appointment of a British subject as Inspector-General of Customs. At the same time you should express the hope orally on behalf of His Majesty's Government that the Chinese Government will continue to maintain the administration of the Customs service as at present constituted both in China's own interest and in that of the holders of bonds secured on the Customs revenue.

19. We do not wish to retain any of the special rights which His Majesty's Ships have been accorded in the waters of China. In acknowledging this in the exchange of notes the following sentence should be added: "His Majesty's Government and the Chinese Government shall extend to each other the mutual courtesy of visits by their war- ships in accordance with international usage".

20. We are not clear as to the purpose underlying the penultimate sentence of the proposed exchange of notes. about questions affecting the sovereignty of China. Please ask for further explanation and let me have your own views on this point.

It is

21. We shall also wish to include in the exchange of notes a provision covering the treatment of cases which have been completed or are still pending in His Majesty's Supreme Court and Provincial Courts in China. This might be in the following form. "It is understood that the orders, decrees, judgments, decisions and other acts of His Majesty's Supreme Court and Provincial Courts in China shall be considered as res judicata, and shall, when necessary, be enforced by the Chinese authorities. further understood that any cases pending before His Majesty's Supreme Court and Provincial Courts in China at the time of the coming into effect of this treaty shall be remitted, if the plaintiff or petitioner so desires, to the appropriate courts of the Government of the Republic of China which shall proceed as expeditiously as possible with their disposition and in so doing shall in so far as practicable apply the laws which a British court would apply".

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