761.93/191
The Minister in China (Crane) to the Acting Secretary of
State
Peking, December 7,
1920.
[Received January 14,
1921.]
No. 546
Sir: I have the honor to transmit herewith,
as of interest to the Department, copies of Circular No. 241 of the
Dean of the Diplomatic Corps, regarding the status of Russian
citizens.
I have [etc.]
(For the Minister)
A. B.
Ruddock
[Enclosure—Translation35]
Circular No. 241 of the Dean of the
Diplomatic Corps in China (Pastor)36
On December 1, the Dean had the honor to transmit to his
honorable colleagues a French translation of the note of the
Minister of Foreign Affairs, dated November 29 last, No. 61,
concerning Russian affairs.
In referring to this note and in discussing it in his capacity of
Spanish Minister, the Dean believes it his duty to observe that
in view of the attitude of the Chinese Government, it would be,
in his opinion, vain to prolong the discussion, although, as in
all the Chinese affairs in dispute, the declarations of the
Chinese Government are in contradiction to the facts. The
situation of the Russians at Ourga, the abuses of the Chinese
authorities at Harbin, are only so much more irrefutable proofs
of the powerlessness of the Chinese Government to apply the
principles that it proclaims in its decrees. On the other hand,
it would seem, from the point of view of the general interests,
impossible for the Diplomatic Corps to consider satisfactory the
reply of the Minister of Foreign Affairs of November 29,
inasmuch as this reply is merely in the nature of a declaration
which leaves a series of important questions unsettled,
questions which concern at the same time the interests of all
foreigners in China who have business with the Russians.
It would then be desirable to request the Chinese Government to
explain these questions more clearly and more definitely, and
the Dean takes the liberty of adding hereto, for the approval of
his honorable colleagues, a draft of a note to the Minister of
Foreign Affairs, having exactly this end in view.
[Page 785]
[Subenclosure—Translation37]
Draft of a Note from the Dean of the
Diplomatic Corps in China to the Chinese Minister of Foreign
Affairs38
I had the honor to make known to my colleagues of the Diplomatic
Corps the contents of the note which Your Excellency kindly sent
to me on November 23 [29] last, No. 61,
concerning the legal status of Russian nationals in China.
The benevolent declarations which it contains and which have
since received highest sanction by the Presidential mandate of
December 1 have been received with satisfaction by the
Diplomatic Corps which has charged me to take note of them. The
Diplomatic Corps expresses the hope that the assurances of the
Chinese Government will without delay be given a practical
application.
From this point of view it must be observed that certain
questions of a practical nature are not made sufficiently clear
by Your Excellency’s note, and as these questions concern the
interests of all foreigners in China having business relations
with the Russians, I am obliged to request on behalf of the
Diplomatic Corps that you give me especially definite answers on
the following points:
1. Will the police of the Russian Concessions remain under the
orders of the Municipal Councils, in conformity to the law of
the concessions, and may it be taken for granted that the
control of the police by the Chinese authorities will be
exercised only through the medium of the councils?
2. In what cases, how, and by what organizations does the Chinese
Government intend that the Russian laws shall be applied, the
law of August 5, 1918, providing only for the application of
certain parts of foreign civil codes?
3. Russian notaries public exercise these functions only in the
Zone of the Chinese Eastern Railway. How will the question of
notaries public be solved in other parts of China?
The two last questions are of a particularly important nature and
should be explained in all the details so as to enable the
respective legations to duly warn their interested nationals as
to the precise disposition made of this matter.
4. What will be the competence of the Russian advisers mentioned
in your note? Would it not be well to entrust to them the duties
necessary for a satisfactory solution of the matters in points 2
and
[Page 786]
3? Does the
Chinese Government intend to engage advisers in the provinces of
Chinese Turkestan, in Mongolia, and likewise in Peking?
Please accept [etc.]
