793.003 C 73/34a: Telegram

The Secretary of State to the Minister in China ( Schurman )

45. With reference to Resolution V of the Washington Conference,59 this Government, while not desiring in any way to circumscribe the work to be undertaken by the Extraterritorial Commission, believes that in view of the complexity of the matters to be investigated it would be advantageous to sound out the interested Powers with regard to a tentative program for the work of the Commission. You will therefore at your discretion discuss with your colleagues, particularly the British and Japanese Ministers, the following indications of the general lines of investigation which this Government would suggest:

All foreign courts, laws and procedure existing by virtue of treaty provision or custom.
All Chinese courts hearing mixed cases, including special courts such as the international Mixed Courts of Shanghai and Amoy.
Chinese law and legal procedure.
China’s judiciary.
The extent to which China has actually respected treaty stipulations relative to extraterritoriality.
China’s present political condition in its bearing on the legal and judicial systems, with particular reference to the possibility of interference with the course of justice by civil or military authorities.
The status of non-treaty power nationals such as Russians, Germans, Austrians, etc.
The status of persons of Chinese race who acquire foreign nationality and remain or return to Chinese soil.
Extradition and the right of asylum in the Settlement, Concession and Legation areas.