You will recall that on April 12 I sent you a memorandum † regarding elections of representatives of Overseas Chinese in Canada to the Chinese National Assembly and the Legislative Yuan which had taken place in December and January. I pointed out that the United Kingdom, French and Siamese Governments had protested to the Chinese Government that the extra-territorial application to their territories of the Chinese electoral law involved an unwarrantable interference with the sovereignty of the local territorial administration concerned. The Chinese had accordingly desisted from holding elections in those territories. I also informed you that the Department of Justice had indicated that the holding of these elections in Canada by the Chinese Consular Service was not contrary to any positive Canadian law. However, the Legal Advisor of this Department is of the opinion that the Chinese authorities should not engage in the application of the Chinese electoral law to Canada without the permission of the Canadian Government. I proposed, if you concurred, to call in the Chinese Ambassador and, in a friendly way, let him know that the Canadian Government did not approve such activities and ask for his assurance that no further attempt would be made to apply China's electoral law in Canada.

2. In commenting on this memorandum you agreed that Chinese residents of Canada should not constitute a constituency to send elected representatives to their National Assembly and Legislative Yuan. However, you could see no objection to a procedure by which Chinese residents of Canada, who would have the right to vote directly if they were in China, could send forward their ballots marked before the local Consular fficials in the same manner in which they might exercise private rights with Consular authentication.

3. There are two observations which seem to me to be germane. The first is that Article 26 (5) of the Chinese Constitution provides for representation in the Chinese National Assembly and Legislative Yuan of "Overseas Chinese". This quota of representatives of Overseas Chinese has been selected by assigning one or two or more representatives to be elected by the Overseas Chinese in the various foreign countries in which they have principally congregated. I suppose that it would be possible for Overseas Chinese throughout the world to vote for certain representatives-at-large of all Overseas Chinese everywhere. This would only be a difference in degree from the direct election of one or two representatives to represent Overseas Chinese in Canada. The second observation is that Chinese representatives in Canada really have no right to attempt to organize or otherwise interfere with Chinese Canadian citizens or even long-time residents of this country who have some duties to this country by reason of their acceptance of certain rights and privileges here.

4. Quite a number of persons of Chinese descent in Canada are possessed of dual Canadian-Chinese nationality. Most of these are natural born Canadian citizens who have also acquired Chinese nationality through their Chinese fathers. In addition, there are an increasing number of Chinese citizens who have become naturalized Canadian citizens since February 13, 1947, and who have not yet relinquished their Chinese citizenship. This has been made possible by Order-in-Council P.C. 567 of February 13, 1947, which revoked P.C. 1378 of June 17, 1931 and P.C. 1760 of August 13, 1934. Under this new Order-in-Council Chinese no longer require to secure release from Chinese nationality through application to the Chinese Ministry of the Interior before applying for a certificate of Canadian citizenship.

5. Most writers on international law accept the principle that a person enjoying dual nationality is subject to the laws of the country in which he resides. This being the case, there would appear to be grounds for our objecting to Chinese Consular officers in Canada inviting dual nationals to participate in Chinese elections or in any other way making an effort to organize or interfere with such dual nationals in Canada. Our Embassy in China has consistently taken the attitude that it will not intervene on behalf of or otherwise attempt to exercise authority over Chinese-Canadians in China who are possessed of dual nationality.

6. In addition to the natural born and naturalized dual nationals mentioned above, there is the important group of Chinese residents who came to this country on immigrant visas with the implied intention of making their permanent homes in this country. These persons enjoy the advantages and privileges of Canadian domicile within the meaning of the Immigration Act, namely old age pensions, relief, free education, unemployment insurance, etc., even before they become naturalized Canadian citizens. It may be reasonably argued, therefore, that they have a strong moral obligation to this country of their voluntary adoption to conduct themselves from the very first as probationary Canadian citizens. While these people are still only Chinese citizens by nationality and we could not object to them having recourse to the Chinese Consular officials, I think that in view of the privileges which they enjoy and their intention of making this country their permanent home implied in their landing here as immigrants, we have a right to object to the Chinese Consular officials putting on any campaign to organize them with a view to maintaining their loyalty to China and their interest in Chinese domestic and political matters.

7. If we exclude the three categories mentioned above, the only Chinese in Canada whom we would have no reason to object to exercising their right to vote in Chinese elections through marking a ballot at theft local Consular office would be those who come within the non-immigrant classes as defmed in Section 2 (h) of the Immigration Act, namely diplomatic and consular officers, tourists and travellers, students, businessmen, etc., who are exclusively Chinese citizens and who are only in Canada temporarily. It is doubtful whether Article 26 (5) of the Chinese Constitution which states that "the number of delegates to be elected by Chinese nationals residing abroad shall be prescribed by law," is designed to provide for the representation of this particular group. Strictly speaking, they are not Overseas Chinese and should only vote for representatives of their native constituencies back in China. If we adopt the attitude that dual nationals and Chinese enjoying the rights of domicile in Canada should not be invited by the Chinese Consular Service to cast votes in the National Assembly and Legislative Yuan elections, I think the whole purpose of Article 26 (5) of the Chinese Constitution providing for representation of Overseas Chinese would be defeated in Canada and it would probably not be worthwhile for the Chinese Consular Service to extend polling facilities to the small transient group that would be left. From an administrative point of view, of course, it would be difficult to ensure that only Chinese non-immigrants went to the polls opened at the Chinese Consulates and cast their ballots.

8. While there is some doubt whether the holding of elections in Canada by the Chinese Consular Service in a manner not contrary to the positive law of Canada would be a violation of international law, nevertheless I suggest that we would be ill-advised to continue to overlook electoral activity on the part of the Chinese Consular Service in Canada. Such activity can only serve to perpetuate among communities of Chinese living in Canada political divisions which have no raison d'être in this country. I therefore recommend that, in accordance with the attitudes adopted by the United Kingdom, French, Dutch and Siamese Governments, we should let the Chinese know, through their Ambassador in Ottawa, that the Canadian Government regards the extraterritorial application of the Chinese electoral law in Canadian territory as an unwarrantable interference with Canada's territorial sovereignty. We should ask an assurance that no further attempt will be made to apply this law in Canada. In order to have our views on this subject recorded, I think it would be well to give an aide mémoire to the Chinese Ambassador on this subject and ask for a written reply from him. I am attaching a copy of an aide mémoire for your approval. †

9. I should like to take advantage of this talk with the Chinese Ambassador to touch also on two other aspects of Chinese political activity in this country: the sending of political organizers and newspaper editors to Canada. The Overseas Department of the Central Executive Committee of the Kuomintang is sending an inspector, Mr. Chang Wen-chung, to this country to investigate living conditions amongst the Overseas Chinese here. Our Embassy in Nanking suspects that he is a political organizer coming to inspect the various local headquarters of the Kuomintang. We instructed our Embassy to inform the Chinese Government that we would only issue a visa for this man to come to this country on the understanding that he would be subject to the authority of the Chinese Ambassador while in this country and that he would not engage in any activities exceeding those normally permitted diplomatic or consular fficers. The Overseas Department of the Central Executive Committee of the Kuomintang has also made application to send a paid editor for the Chinese Daily News in Victoria, B.C. We are discussing with the Immigration Branch whether this man actually falls within any of the admissible non-immigrant classes. I am inclined to think that this type of political activity on the part of the Chinese in this country is undesirable and that it would be only proper that we should let the Chinese Ambassador know that we do not approve of their efforts to keep alive political organizations among their people in this country.¹

L.B. P[EARSON]

¹Note marginale :/Marginal note: Agreed. St. L[aurent] Aug. 3, 1948