701/0093 D 34 259

The Netherlands Minister in China (Oudendijk), Senior Minister, to the American Minister (MacMurray)23

Circular No. 259

Subject:—Commission of enquiry concerning incidents of May 30th, in Shanghai

The Senior Minister has the honour to inform his Honourable Colleagues that he received from the Senior Consul in Shanghai the following telegram:24

“In reply to Your Excellency’s telegram of the 11th instant, the Municipal Council confirms its agreement to conform to the conclusions of the judicial commission and to suspend the Commissioner of Police before the first meeting of the commission.”

Consequently the Senior Minister has today forwarded the letter to the Wai Chiao Pu by which he hands the Minister for Foreign Affairs a certified copy of the terms of reference for the Commission of Enquiry.25

A copy of this letter is attached to this Circular.

Certified copies (one for each Legation) and the usual number spare copies of the terms of reference together with copies of the Senior Minister’s letter will be sent today to the various Legations directly.

[Enclosure]

The Netherlands Minister in China (Oudendijk), Senior Minister, to the Chinese Minister for Foreign Affairs (Shen)

Decanat No. 49

Monsieur le Ministre: As Your Excellency is aware the Foreign Governments interested have come to the decision that the circumstances of the unfortunate incidents in Shanghai of May 30th. should be definitely cleared up by a public judicial enquiry.

They have therefore authorized their Representatives in Peking to request their American, British, and Japanese Colleagues each to designate a Jurist to be a member of a Commission of Enquiry.

I am now desired by my Colleagues to inform Your Excellency that the Heads of Mission concerned have taken this step, and seize this opportunity to hand Your Excellency herewith a certified copy of the terms of reference for the above mentioned Commission at the [Page 708] foot of which the designations of its members are inscribed. The Commission will meet as soon as its members can reach Shanghai.

As it is in the interest of all concerned that the findings of this Commission be as full and complete as possible, our respective Governments think it highly desirable that a Chinese Jurist should also be one of its members, and for that purpose I have the honour in the name of the Heads of Mission concerned to express the hope that Your Excellency’s Government may see fit to appoint a Chinese Jurist to sit on the Commission.

In conclusion I have to add that the Municipal Council of the International Settlement of Shanghai have bound themselves to abide by the findings of the Commission and that the Chief of Police of the said Settlement Mr. McEuen will be suspended, without prejudice, until the completion of the enquiry.

Whilst expressing the hope that Your Excellency’s Government see their way to appoint a member of the Commission of Enquiry and in any case in the interest of justice and to facilitate the work of this Commission as far as possible to expedite the fulfilment of its task, I avail myself [etc.]

W. J. Oudendijk
  1. Copy received by the Department on December 4.
  2. Telegram in French; translation supplied by the editor.
  3. Not printed; see telegrams No. 379, Sept. 4, and No. 385, Sept. 9, from the Minister in China, pp. 703 and 705, respectively.