136 Attlee to Commonwealth Government

Commonwealth Government telegram No. 57 of 10th March. [1] Chinese Extra-Territoriality.

As Canadian Government may already have informed you they have concurred in issue and terms of draft Order in Council. [2] New Zealand and South Africa have also concurred.

2. We fear that the course suggested in last paragraph of your telegram would not be practicable for reasons given in latter part of paragraph 2 of my telegram D.570 of 22nd December. [3]

3. Chinese Government have already ratified both the United Kingdom and United States treaties and have enquired position as to United Kingdom ratification of treaty of 11th January. We are therefore anxious to proceed to ratification as soon as possible.

4. We appreciate difficulties of Australia, but it occurs to us that in any event having regard to period and circumstances in which the rights in question were acquired, the Chinese might possibly argue that Australia has no separate extra-territorial rights to bargain with. Whatever might be the answer to this it would clearly be better if Chinese were not given opportunity of raising such contentious issue.

5. In view of political and practical difficulties mentioned above, we hope that on further consideration Commonwealth Government may be, able to join other Dominion Governments in agreeing to Order being issued in the form proposed. [4]