437 Department of External Affairs to Eastman

Cablegram 7 CANBERRA, 8 December 1945

TOP SECRET MOST IMMEDIATE

See our immediately preceding cablegram. [1]

We have asked the King to appoint you Minister Plenipotentiary for the negotiations with Siam. The Prime Minister has directed that, in the exercise of your powers, you are restricted to carrying out only specific instructions from the Australian Government with respect to preliminary negotiations. It is extremely important that you should not exceed the scope of the following instructions.

2. (a) You are directed to obtain from the Siamese plenipotentiaries an undertaking that Siam will conclude within three months a Treaty with Australia. (b) Such a treaty to oblige Siam (i) To repudiate the declaration of war made on Great Britain on 25th January, 1942 and the alliance with Japan made on 21st December, 1941 and all measures operating to the detriment of Great Britain, Australia and their Allies.

(ii) To assume responsibility for the maintenance and good upkeep of Australian war graves in Siam.

(iii) To assume responsibility for complying with the directions of the Australian Government with respect to the well-being and interests of all Australian residents detained or interned in Siam since the 8th December, 1941.

(iv) To render full assistance in the apprehension and punishment of persons guilty of war crimes against Australians.

(v) To assume responsibility for compensating the Australian Government and Australian citizens, for all losses and damage sustained by them directly or indirectly since 8th December, 1941 in Siam or as a result of Siamese action outside Siam.

(vi) To undertake measures of regional political and economic cooperation consistent with the principles of the United Nations Charter and designed to ensure the security of South East Asia and the South West Pacific Area.

(vii) To carry out such of the obligations specified in the British Heads of Agreement [2] and Military Annexe thereto which the Australian Government considers to be applicable in principle to Australian policy and interests and requires the Siamese Government to undertake.

(c) Such a treaty to oblige Australia to terminate the state of war existing between Australia and Siam.

3. A draft of the document you prepare incorporating the foregoing terms should be submitted to us. If it is at all possible, you should await our confirmation of your draft before presenting it to the Siamese. If any delay would result in non-acceptance of our terms by the Siamese, you should of course not wait. We prefer that you should treat with the Siamese at the same time as Mr.

Dening presents the British terms.

4. While you are with Proud, you should, in view of your new accreditation, communicate with us through him.

5. Dominions Office is being informed of these instructions, which should eliminate the difficulties involved in any attempt to amend the British Heads of Agreement with the object of incorporating within it specific terms protecting Australia's position.

1 Cablegram 6, dispatched 8 December. On file AA : A1838/2, 381/1/2/1, i. It gave Eastman authority to negotiate on behalf of the Commonwealth Govt pending the completion of formal documentation. See also Document 425.

2 Text is given in savingram D311, dispatched 1 December. On file AA : A1838/2, 451/3/2/2, i.

[AA : A1838/2, 381/1/2/1, i]