133 Evatt to Attlee

Cablegram 57 [1] CANBERRA, 10 March 1943

SECRET

Your 46. [2]

Chinese extra-territoriality. We had expected to have completed negotiations before this to enable us to agree to issue of Order in Council. Difficulties, however, have arisen in that whereas we desire simple treaty dealing with abrogation only, Chinese have submitted counter proposals covering the wider matters and draft exchange of notes of United Kingdom treaty.

If we agree to issue of Order it would appear that we would have no rights to negotiate over. As Canada is in similar position and is not even so far advanced in negotiations as Australia, I would be glad to learn whether Canada has agreed to Order, or what she has proposed as an alternative.

In circumstances best course would seem to be to state expressly in preamble that Australia and other Dominions are excluded from operation of Order.

1 Repeated to the Canadian Prime Minister as no. 8.

2 Dispatched 5 March. On file AA:A989, 43/305/2, v. It advised that the U.K. Govt was anxious to ratify the treaty of 11 January as soon as possible and sought the Commonwealth Govt's agreement to the issue of the Order in Council.

[AA:A989, 43/305/2, v]