335 Eggleston to Department of External Affairs

Cablegram S98 CHUNGKING, 24 November 1943

SECRET

Received 25 November 1943

The Canadian Minister [1] has shown me copy of a telegram from Ottawa, the contents of which have been on the basis communicated to you [2], indicating that the Canadian Government is now considering signature of a treaty on the lines of the British Treaty and including the right to travel, reside and carry on commerce.

I am seriously concerned at the possibility that Canada may sign this treaty and leave Australia as the only country with diplomatic relations with China which has not formally abolished extraterritoriality.

Although we have a logical reply to this in our offer of either a treaty or an exchange of notes, this would not prevent the Chinese bringing strong public pressure to bear on us to sign the treaty on British lines. I consider Chinese failure to reply to our last proposal [3] is because they hope Canadians will accept the treaty on British lines leaving only Australia outstanding. Such a contingency should be avoided at all costs and I strongly urge that if you are still unprepared to sign the treaty including Articles 6, 7 and 8, of the British Treaty [4] you should make representations to the Canadian Government to delay their signature.

EGGLESTON

1 Maj Gen V. W. Odlum.

2 See Davis's letter to Evatt of 23 November on file AA:A989, 43- 44/305/2, i.

3 See Document 150.

4 See Document 65, note 4.

[AA:A989, 43/735/3/3]