'The Seven Independent Arabian States [Yemen, ‘Asir, Hijaz, Najd, Kuwait, Jabal Shammar and al-Jawf]' [‎271r] (541/680)

61
Government of India, Nos. 2243 and 2244, dated 19th November (No. 99), on this
subject.
Secretary Sir Samuel Hoare would suggest, for the consideration of the Secretary
of State for Foreign Affairs, that a telegram might be sent to Sir A Cadoyan
, 1 • il FT* f 5 ^ ^ Xi.. V_ CtVlVJhictll
informing him that His Majesty s Crovermnent agree with the views expressed in
the Government of India's telegram No. 2243 (No. 99), and instructing him to deal
on the following lines with the points raised by the Waichiaopu :—
(i) His Majesty's Government note that the Chinese Government agree to the
proposal that the Commission should have a neutral Chairman, appointed
by the President of the Council of the League of Nations. They consider
it essential that the Chairman should exercise all the functions usual in such
cases, including that of a casting vote, and are unable to accept the Chinese
suggestion that his duties should be confined to giving advice and
assistance. Such a restriction would appear to be inconsistent with the
position of Chairman, and it might even be difficult to obtain a neutral of the
requisite standing under such a limitation. Moreover, the whole object of
appointing a neutral Chairman is to avoid the difficulties which rendered
the Commission of 1900 abortive. Unless the neutral Commissioner has
a final voice on the Commission, the two national Commissioners might
make such divergent reports that the two Governments would be brought
no nearer to an agreement.
(ii) For similar reasons His Majesty's Government consider that the first and
most important duty of the Commission should be to ascertain on the
ground and fix on the maps the line prescribed by Article 3 of the
Convention of 1897 so far as it relates to the undemarcated frontier, viz.
the third and fourth paragraphs of that Article. In other words, the
Commission should interpret the Treaty provisions on which the two
Governments have hitherto failed to arrive at an agreed interpretation.
In performing this duty the Commission would give their relative weight to
all the provisions and indications in the above paragraphs of the Treaty,
namely, the co-ordinated points and the watershed and also the
geographical names mentioned. On this point, therefore, it is possible
to agree to the Chinese point of view, as stated in the first sentence of
paragraph 3 of Sir A. Cadogan's telegram No. 56 Tour (see No. 96).
On the other hand, since the primary duty of the Commission could be to
interpret the Treaty, it would not be empowered to vary the provisions of
the Treaty itself, in the manner that seems to be contemplated by the
Chinese Government in the second sentence of paragraph 3 of that telegram,
by bringing in extraneous historical or political considerations.
{hi) In so far as the Convention in Article 6 provides for local modifications of
the general Treaty line on the basis of mutual concessions, His Majesty's
Government contemplate that such concessions should be subsequently
negotiated in a spirit of mutual compromise (if necessary, at a conference).
In order to facilitate, such negotiations, it would be the second duty of the
Commission to report ad referendum on cases in which the question of
such modifications appears to arise. The subsequent negotiations would
also, as stated by the Government of Burma, be the appropriate stage for
any consideration which it might be desired to give to historical and
other factors.
(iv) His Majesty's Government trust that, in the light of the explanations
reported in Sir A. Cadogan's telegram No. 57 Tour (No. 9<), and the
further explanations suggested above, the Chinese Government will agree
to their proposals for the appointment and procedure of the Commission
as the best means for promoting a settlement of this long-standing dispute.
The appointment of the Commission is of some urgency, as the surveying
operations of the Commission are likely to take time, and it is desirable,
if possible, that they should be completed during the forthcoming open
season.
I am, &C.J
The Under Secretary of State, J* ^ alton.
Foreign Office.