893.51/4907

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

No. 508

Sir: With reference to my telegram No. 523 of December 11, 1925, 12 noon,16 in which I reported that the Hukuang bond payment was again in default, I have the honor to transmit herewith enclosed, for [Page 941] the Department’s information, a copy of a joint note dated December 12, 1925, signed by the British and French Ministers, as well as by myself, to the Wai Chiao Pu, protesting against the default. There is also transmitted herewith enclosed a copy, in translation, of note No. 120, dated December 31, 1925, from the Foreign Office in reply.

The Department’s attention is invited to the quotations therein from the Ministry of Communications to the effect that “this debt has already been placed in the category of those to be consolidated by the new Customs surtax,” and “we have also already written the Ministry of Finance, requesting that an appropriation be made to meet the principal and interest due this time.”

In view of this unsatisfactory reply the interested Ministers, after agreement with their respective Group representatives, transmitted, on February 10, 1926, an identic memorandum to the Wai Chiao Pu in which inquiry was made as to the nature of the means which were being contrived by the Ministry of Finance for the payment of the loan service, and requesting that, failing the provision of funds from other sources, the necessary funds should immediately be furnished from Customs revenues.

I am now in receipt of a memorandum from the Ministry of Foreign Affairs, dated March 5th, in reply. This memorandum quotes a statement from the Ministry of Communications to the effect that the Hukuang Loan has already been placed by the Ministry of Communications before the Commission for the Readjustment of Finance, with a request that, together with others, the loan be placed upon the list for consolidation.

Copies of the enclosures accompanying this despatch have been transmitted to the American Group Representative for his information. The Department will be informed of any further action in this case.

I have [etc.]

J. V. A. MacMurray
[Enclosure 1]

The American, French, and British Ministers to the Chinese Ministry of Foreign Affairs

The Undersigned, the British, French and American Representatives, present their compliments to His Excellency the Minister for Foreign Affairs, and have the honour to state that they have been informed by the Agents of the Banks concerned that the amount of £261,046. 5s. 5d., including the unpaid service of the German issued portion due in June last, namely £73,245: 8s. 10d., payable on December 3rd on account of the Hukuang Railways Loan is in default, and that the Banks have been informed by the Ministries concerned that the Chinese Government is unable to meet payment.

[Page 942]

The Undersigned have the honour to point out that payment to the bondholders is due on December 15th and that there are still some days in which it is possible by prompt measures to avoid the grave consequences of public default. They would in this connection, referring to their Joint Memorandum of October 12th, 1923,18 remind His Excellency that according to Article 8 of the Loan Agreement19 the Chinese Government undertook if payment of the Loan Service could not be made from the funds originally designated for the purpose:—

“to make arrangements to ensure that the amount of deficiency be met from other sources and handed over to the Banks on the dates upon which funds were required to complete full payment of interest and repayment of principal.”

From this provision it is clear that the Hukuang Loan Service is entitled to an automatic priority of charge on the available revenues of the Chinese Government over loans contracted at a later date, such as the internal loans, the services of which are now being met out of Customs revenues, and the Undersigned have therefore the honour to request that the necessary funds shall immediately be furnished from the Maritime Customs revenues.

  • J. V. A. MacMurray
  • D. DeMartel
  • Ronald Macleay

[Enclosure 2]

The Chinese Ministry of Foreign Affairs to the American Minister ( MacMurray )

No. 120

Sir: We have the honor to acknowledge the receipt of a joint memorandum from you, the British, and the French Ministers, stating:

(The Undersigned … Representatives) “… have the honour to state that they have been informed by the Agents of the Banks concerned that the amount of £261,046–5s–5d, including the unpaid service of the German issued portion due in June last, namely £73,245–8s–10d, payable on December 3rd on account of the Hukuang Railways Loan is in default, and that the Banks have been informed by the Ministries concerned that the Chinese Government is unable to make payment.

[Page 943]

“… According to Article 8 of the Loan Agreement … the Hukuang Loan service is entitled to … priority … over loans contracted at a later date ….”

This Ministry at once communicated a request for consideration and action to the Ministries of Finance and Communications, respectively. We have now received a note in reply from the Ministry of Communications, stating:

“Because the supplementary loan of this railway could not be floated, work on the road was suspended and the receipts have thus been small, and the railway has been unable to pay the principal and interest of the Hukuang Railway Loan when due, so that the Government has had the heavy expense of meeting the payment each time. Further, recent conditions have been much upset, and the Government has found it difficult to prepare the funds, and this debt has already been placed in the category of those to be consolidated by the new Customs surtax.

On the other hand, we have also already written the Ministry of Finance, requesting that an appropriation be made to meet the principal and interest due this time.”

This Ministry having received the foregoing communication, we have the honor, Mr. Minister, to indite this note for your information.

With compliments.

Seal of the Ministry of Foreign Affairs
[Enclosure 3]

The American, French, and British Ministers to the Chinese Ministry of Foreign Affairs

The Undersigned, the British, French, and American Representatives, have the honour to acknowledge the receipt of the letter from the Wai Chiao Pu of the 31st ultimo20 on the subject of the default in the Hukuang loan coupon, and they note that the Ministry of Finance have been requested to contrive means for the payment of the instalment of the loan service now overdue. More than a month has, however, since elapsed without the default in this important railway loan having been made good, and they have therefore the honour to enquire the nature of the means which are being contrived by the Ministry of Finance for the payment of the loan service, and to renew their request that, failing the provision of funds from other sources, the necessary funds shall immediately be furnished from Customs revenues.

[File copy not signed]
[Page 944]
[Enclosure 4]

The Chinese Ministry of Foreign Affairs to the American Minister ( MacMurray )

Memorandum

The Ministry of Foreign Affairs has the honor to acknowledge the receipt of the American Minister’s memorandum of February 10th, regarding the sums which should be paid on principal and interest of the Hukuang Loan, which was at once communicated for consideration and action to the Ministry of Communications.

The Ministry of Foreign Affairs has now received a reply from the Ministry of Communications, stating:

“We have the honor to recall that the Hukuang Loan, principal and interest, has already been placed by this Ministry before the Commission for the Readjustment of Finance, with a request that the loan be consolidated with others and handled from the new Customs surtax. As to the payment of principal and interest now due, as conditions are now much disturbed, no payment can be made.

“Aside from addressing despatches to the Ministry of Finance and to the Commission for the Readjustment of Finance, we have the honor to indite this note for the information of your Ministry and to request that you will in turn inform those concerned.”

The Ministry of Foreign Affairs has the honor to make this reply to the American Minister.

  1. Not printed.
  2. Not printed; see telegram No. 350, Oct. 15, 1923, from the Minister in China, Foreign Relations, 1923, vol. i, p. 550.
  3. Of May 20, 1911; MacMurray, Treaties, 1894–1911, vol. i, p. 866.
  4. Dec. 31, 1925; supra.