292 Australian Delegation, United Nations, to Department of External Affairs
Cablegram UN948 NEW YORK, 8 December 1946, 8.08 p.m.
Assembly 366. Your UNY470.
(1) Our immediately following telegram  gives the text of
Trusteeship agreement as finally approved by Subcommittee. This is
text as originally submitted  together with new Article 8 (see
paragraph 6 of Assembly 359 and paragraph 7 of Assembly 329 ).
(2) The Subcommittee has still to give final vote on preamble. No
proposal for amendment has been adopted with regard to preambles.
In other agreements preamble recites that Assembly has satisfied
itself that in pursuance of Article 79 of the Charter the states
directly concerned have agreed upon the term of Trusteeship. This
is not recited in our preamble. It has been suggested that these
words should be omitted from the other preambles but this
suggestion has not yet been acted on pending some decision as to
states directly concerned.
(3) The Soviet proposal for amendment in Article 4 which was
recommended by Subcommittee was to insert a full stop after
'integral part of Australia', to delete the next word 'and' and to
commence the next sentence with the following words 'insofar as
this does not conflict with the terms of the present agreement and
with the Charter of the United Nations the Administering
(4) Full text of Article 4, incorporating above amendment is as
The Administering authority will be responsible for the peace,
order, good Government and defence of the territory and for this
purpose will have the same powers of legislation, administration
and jurisdiction in and over the territory as if it were an
integral part of Australia. Insofar as this does not conflict with
the terms of the present agreement and with the Charter of the
United Nations, the Administering authority will be entitled to
apply to the territory, subject to such modifications as it deems
desirable, such laws of the Commonwealth of Australia as it deems
appropriate to the needs and conditions of the territory. Ends.
(5) United States proposal for amendment of Article 5 was to
delete 'in its opinion' in last part of the Article.
[AA:A1838/2, 852/13/4, ii]