CAB129-37 — Page 442

SECRET

C.P. (49) 214

24th October, 1949

Page 442

Printed for the Cabinet. October 1949

228

Copy No. 31

CABINET

RECOGNITION OF THE CHINESE COMMUNIST GOVERNMENT

MEMORANDUM BY THE SECRETARY OF STATE FOR FOREIGN AFFAIRS

The Communist Government of the People's Republic of China, which was set up on 1st October, 1949, has expressed a desire to enter into diplomatic relations with foreign Powers. The Soviet Union and satellite Powers have already accorded de jure recognition. We shall have to make up our minds in due course whether or not to recognise the Communist Government as the de jure Government of China, but before we do so we are committed to consultation with other Commonwealth countries, with the United States and with other friendly Powers. Since our interests in China are very much greater than those of the other Powers, we should not necessarily feel bound by the views of other Powers, but it is obviously desirable to obtain the largest measure of agreement possible and in particular the agreement of other Commonwealth countries.

2. The question of recognition is to some extent bound up with the complaint to the United Nations Assembly of the Nationalist Government of China. This item is on the agenda of the Political Committee, and the attitude of the Powers in that Committee will necessarily have some bearing on their attitude towards the Communist Government. I set out in the following paragraphs the considerations which I think should govern our own attitude towards these two related questions.

Argument

I. RECOGNITION

3. The Nationalist Government were our former allies in the war and since the war they have been a useful friend in the United Nations. To-day, however, they are no longer representative of anything but their ruling clique and their control over the remaining metropolitan territories after the fall of Canton is tenuous. British interests can reap no advantage from continued recognition of this shadowy Government, since they lie almost entirely within Communist control. In the United Nations Organisation the continued recognition of the Nationalist Government offers the temporary advantage of a vote which in the past has usually been cast in our favour, whereas a Communist vote is likely to be cast against us. But this is hardly an advantage which can be maintained indefinitely.

4. For the time being the Communist Government of the People's Republic of China is the only alternative. The Communists are now the rulers of most of China. The fall of Canton has brought them to the Hong Kong frontier. It would be a mistake to disregard the fact that they are, on their own statements, orthodox Marxist-Leninists who openly declare their strong partiality for the Soviet Union and its methods. How long they will last, how orthodox" their methods will be and how strong their leadership will prove is yet to be seen. They have trade to offer and we have an immovable stake in their territory which can only be maintained by trade. Too long delay in according them recognition cannot fail to make them ill-disposed towards us. We may thereby gratuitously vitiate our future relations. Similarly, delay will increase the existing tendency Page 442 of 1097

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4.43 of 1097. of the Communist Government to look to the Soviet Union, and may induce the feeling that they can tighten their belts and do without Western economic assistance. A considerable number of Russian technicians have already arrived in North China and it may be expected that the Soviet Union will take full advantage of the fact that they are first in the field. It is possible that in due course friction may develop between the Russians and the Chinese, but we cannot take advantage of this unless we are in relations with the Communist Government. 5. As regards our own trading interests, we have advocated the policy of keeping a foot in the door. If this policy is to bear fruit (and British firms are remitting sterling from London to the tune of £360,000 a month for maintenance) it can only be done by according full and early recognition. On political as well as practical grounds we should therefore decide to recognise the new régime.

6. I am advised by the Legal Adviser of the Foreign Office that the recog- nition of the Chinese Communist Government as the de jure Government of China in the present circumstances cannot be said to be contrary to the principles and practice of international law, having regard to the proportion of Chinese territory controlled by the Communist Government, the firmness of its control there on the one hand and the small proportion of Chinese territory held by the Nationalists and the tenuous nature of Nationalist control, where it exists, on the other hand. The best writer on recognition in international law says: "So long as the revolu- tion has not been fully successful, and so long as the lawful Government, however adversely affected by the fortunes of the civil war, remains within national terri- tory and asserts its authority, it is presumed to represent the State as a whole So long as the lawful Government offers resistance which is not ostensibly hopeless or purely nominal, the de jure recognition of the Revolutionary Party as a Govern- ment constitutes premature recognition which the lawful Government is entitled to regard as an act of intervention contrary to international law.""

درد

7. I consider that it can be asserted that the resistance of the Nationalist Government in China is now ostensibly hopeless, and its control over any portion of Chinese territory on the mainland hardly more than nominal, and on this political appreciation of the facts of the situation my Legal Adviser considers de jure recognition of the Communist Government to be legally justifiable.

8. Our present position in regard to recognition is that His Majesty's Consul-General in Peking has made a communication in the following terms to the Chinese Communist Government :-

"His Majesty's Government in the United Kingdom are carefully studying the situation resulting from the formation of the Central People's Government. Friendly and mutually advantageous relations, both commer- cial and political, have existed between Britain and China for many genera- tions. It is hoped that these will continue in the future. His Majesty's Government in the United Kingdom therefore suggest that pending comple- tion of their study of the situation, informal relations should be established between His Majesty's Consular Officers and the appropriate authorities in the territory under the control of the Central People's Government for the greater convenience of both Governments and promotion of trade between the two countries."

I am advised that this message can be interpreted as according recognition to the Communist Government as the de facto Government of the territories which they control, but no reply has been received from the Communist Government and our original assumption that the Communists would be satisfied with nothing less than de jure recognition appears to be correct. In my speech to the United Nations Assembly on 26th September I stated that China had entered into certain inter- national obligations which we feel must be honoured, and that a wise approach to the handling of these problems will be in the interest of the whole world. There has been no further public indication of our attitude towards the question of recognition.

Attitude of other Powers

India and Australia have made communications to the Chinese overnment similar in nature to that quoted above9and Portugal

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nature

theguded

and Denmark have instructed their representatives to do the same.

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