CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 312

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Special Courts. The Foreign office agree that these

will disappear.

Coastal and inland navigation. Bee below under 3.

1lots. The Foreign Office also assume that the Chinese Government have in mind the general pilotage regulations of 1868. Shanghai is the port chiefly affected by this question, and prior to the war there was at 3hanghai, as the Department of State are aware, a foreign licensed pilots' association functioning under a Sino-foreign charter. Candidates admitted to the association were required to buy a share in a company formed to own the pilot ships and other property used by the association. On resignation from the mesociation members were refunded the amount of their shares. His Majesty's Government have no wish to retain any special privileges in this respect, but for the safety of big ships (including naval vessels) navigating the difficult entrance to Shanghai they consider that the Chinese Government should be invited to agree to employ a sufficient number of qualified foreign pilots when Shanghai again becomes open to allied shipping and until an adequate number of Chinese pilote 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 Licensed Filota' Association towards those of its members whose employment was terminated.

Foreimm warships.

His Majesty's Government would

not wish to retain any of the special rights which His Majesty'a Ships have been accorded in the waters of China. The Foreign office would suggest that any exchange of notes should acknowledge this and add the following:-

"His Majesty's Government and the Chinese Government shil extend to each other the mutual courtesy of visite by their warships in accordance with international usage.

2. The Foreign office would see no objection to exchanging notes on treaty ports, special courte, the employment of pilots and visits of foreign warships on the lines indicated above. They agree that it would be desirable to cover the problem of cases pending before the British courts in China and judgments already delivered in an exchange of notes in the terms proposed by the Department of state, subject to the two following insertions 1-

(a) at the end of the first setence”..... and shall, when necessary, be enforced by the Chinese authorities";

(b) before the words "be remitted";- "... 1f the plaintiff or petitioner so desires". This is desired in order to cover canes where the parties might prefer to settle, or to submit the dispute to arbitration.

In rendering the final phrase for the purposes of the British draft treaty it will be necessary to say "apply the laws which a British court would apply". The Foreign office assume that there will be no objection to Consuls finishing contested probate and administration matters in a non-judicial capacity. It will also be necessary in matrimonial oases where a decres

niai.