CO129-606-4 Hong Kong Loan- government grant 1-4-1947 - 2-3-1948 — Page 66

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TREATY BETWEEN

KINGDOM

BURMA

THE GOVERNMENT OF THE UNITED AND THE

PROVISIONAL

GOVERNMENT OF

London, 17th October, 1947

THE Government of the United Kingdom of Great Britain and Northern Ireland, and the Provisional Government of Burma;

Considering that it is the intention of the Government of the United Kingdom of Great Britain and Northern Ireland to invite Parliament to pass legislation at an early date providing that Burma shall become independent State;

an

Desiring to define their future relations as the Governments of independent States on the terms of complete freedom, equality and independence and to consolidate and perpetuate the cordial friendship and good understanding which subsist between them; and

Desiring also to provide for certain matters arising from the forthcoming change in the relations between them,

Have decided to conclude a treaty for this purpose and have appointed as their plenipotentiaries:-

The Government of the United Kingdom of Great Britain and Northern

Ireland:

The Right Hon. Clement Richard Attlee, C.H., M.P., Prima

Minister and First Lord of the Treasury.

The Provisional Government of Burma:

The Hon'ble Thakin Nu, Prime Minister.

Who have agreed as follows:-

ARTICLE 1

The Government of the United Kingdom recognise the Republic of the Union of Burma as a fully independent sovereign State.

The contracting Governments agree to the exchange of diplomatic representatives duly accredited

ARTICLE 2

All obligations and responsibilities heretofore devolving on the Govern- ment of the United Kingdom which arise from any valid international instrument shall henceforth, in so far as such instrument may be held to have application to Burma, devolve upon the Provisional Government of Burma. The rights and benefits heretofore enjoyed by the Government of the United Kingdom in virtue of the application of any such international instrument to Burma shall henceforth be enjoyed by the Provisional Government of Burma.

ARTICLE 3

Any person who at the date of the coming into force of the present Treaty is, by virtue of the Constitution of the Union of Burma, a citizen thereof and who is, or by virtue of a subsequent election is deemed to be, also a British subject, may make a declaration of alienage in the manner prescribed by the law of the Union, and thereupon shall cease to be a citizen of the Union.

The Provisional Government of Burma undertake to introduce in the Parliament of the Union as early as possible, and in any case within a period of one year from the coming into force of the present Treaty, legislation for the purpose of implementing the provisions of this Article.

ARTICLE 4

The relations of the contracting Governments in the sphere of Defence shall be regulated by the Agreement concluded between them on 29th August, 1947, the provisions of which are set out in the Annex hereto and which shall have force and effect as integral parts of the present Treaty.

ARTICLE 5

The Provisional Government of Burma reaffirm their obligation to pay to British subjects domiciled on the date of the coming into force of the present Treaty in any country other than India and Pakistan all pensions, propor- tionate pensions, gratuities, family pension fund and provident fund payments and contributions, leave salaries and other sums payable to them from the revenues of Burma or other funds under the control of the executive authority of Burma, in virtue of all periods of service prior to that date under the rules applicable immediately prior thereto.

ARTICLE 6

The contracting Governments agree that the following provisions shall constitute a final settlement of the financial questions dealt with in this Article:

1. The Provisional Government of Burma reaffirm their agreement to pay over in full proceeds of the sale of Army (including Civil Affairs Service (Burma)) stores. The Government of the United Kingdom agree to make no claim on the Provisional Government of Burma for repayment of the cost of the Civil Affairs Administration prior to the restoration of civil government. 2. The Government of the United Kingdom agree to cancel £15 million of the sums advanced towards the deficits on the Ordinary Budget and the Frontier Areas Budget. The balance of the sums will be repaid by Burma in twenty equal yearly instalments beginning not later than 1st April, 1952, no interest being chargeable. The cancellation of this amount of Burma's indebtedness is accepted by the Provisional Government of Burma as a further contribution by the Government of the United Kingdom towards the restoration of Burma's financial position and as a final liquidation of their claim in respect of the cost of supplies and services furnished to the British Military Administration in Burma.

3. The Provisional Government of Burma agree to repay in full the sums advanced by the Government of the United Kingdom towards expenditure on Projects (including Public Utilities, &c.). In accordance with existing agreements, repayment will continue to be inade from current receipts in excess of necessary outgoings and working capital and from the proceeds of liquidation, and the balance of advances outstanding will be repaid by the Provisional Government of Burma in twenty equal yearly instalments beginning not later than 1st April, 1952, no interest being chargeable.

4. The Government of the United Kingdom agree to continue to reimburse the Provisional Government of Burma for expenditure in respect of

(a) claims for supplies and services rendered to the Burma Army in the

Burma campaign of 1942; and

(b) release benefits payable on demobilisation to Burma Army personnel

for war service.

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