793.003/1012: Telegram

The Ambassador in the United Kingdom (Winant) to the Secretary of State

6681. I have just received from Mr. Eden a letter dated November 26 enclosing the following comments on the Department’s 5859, November 21, 3 p.m.

  • “(1) If it should prove necessary to make provision for ‘most favored nation treatment’ in any respect in the present treaty (which is not at present the case) the Foreign Office are ready to adopt the expedient suggested by the Department of State. As regards coastal trade and inland navigation, please see under section three of the Foreign Office memorandum of the 23rd November (Embassy’s 6608, November 24, 2 p.m.)
  • (2) The Foreign Office would be grateful to be informed of the reception which the Chinese Government give to the proposal for expanding the preamble. For their part they would have no objection to introducing the principle of equality in this way into the British treaty. It should be mentioned that the Chinese Government have proposed the omission of the words ‘and for this purpose do settle certain matters relating to jurisdiction in China’ from the preamble of the British draft.
  • (3) It seems to the Foreign Office preferable to retain the original wording of the second paragraphs of articles II and III of the United States treaty if this can conveniently be done, since the phrase concerning ‘legitimate rights’ provides some protection for respectable private interests in the areas which are being handed over. It is not our intention to ask that such interests should be indefinitely maintained if they are in conflict with the Chinese laws and regulations; but it is reasonable to require that if they are expropriated or otherwise liquidated adequate compensation should be paid. The Foreign Office would suggest that the matter be further discussed with the Chinese Government on these lines.
  • (4) The Foreign Office agree with the proposed amendment of article IV (article V of the British draft) which should be satisfactory to the Chinese Government.”

I have passed on to Mr. Eden the message contained in the Department’s 5931, November 25, 7 p.m.

Winant