CO129-588-24 China- British extra-territorial rights- negotiations with China 23-11-1942 - 1-1-1943 — Page 73

C.o.

WITH THE COMPLIMENTS

OF THE

2 4 DEC 1942

220

UNDER SECRETARY OF STATE

73

Ext.6957/42.

FOR INDIA,

28vc 194

189

X X X

Cypher telegram from Secretary of Staté for India to Government of India, External Affairs Department, dated 22nd December, 1942.

SECRET

22056. Your telegram No.10088 of 19th December, China

His Majesty's Ambassador, Chungking has now been sent following instructions:-

Treaty.

151

(a) Article 6. We still press for retention of

reference to commerce in second sentence.

(b) Navigation. China draft paragraph as emended

by us is repeated in my immediately following telegram. It replaces paragraph 2(a) and (b) of my telegram No.20903 of 4th December. We are also asking for following minute. Begins. With reference to paragraph (insert number) of the exchange of notes. His Majesty's Ambassador informed the Chinese Government that trade

between India on the one hand and Burma or Ceylon on the other has always been regarded as coasting trade. Ends.

(c) Personal status. We are suggesting following revised formula. Begins. It is understood that both high contracting parties recognise the principle of private international law by which the courts apply generally the personal law to dete mine matters of personal status. In the territories of His Majesty according to the practice of Anglo-Saxon countries the courts apply the law of the domicile of the person concerned as the personal law. In China according to the practice of China and of many other countries the courts opply the national law of the person concerned which means in the case of a composite entity like the British Empire the law of the territory from which that person originates. Ends.

2.

Real property. His Majesty's Ambessador is communicating to the Chinese Government all the three formulæ in paragraph 164 3 of my telegram No.21190 of 10th December.

3. Lowloon. We have declined to deal with this in the treaty and are searching for a formula postponing the issue.

O.T. P.

40 The above are the only outstanding points of importance.

Par

ref.

Copy to:- Foreign Office,

Colonial Office,

Dominions Office,

Cock-6909/42 0/21.12.42.

NIT

Burna Office, Board of Trade,

Ministry of War Transport.