The Ambassador in Belgium (Phillips) to the Secretary of State
[Received 2:55 p.m.]
Foreign Minister confirms the fact that China has officially notified Belgium that China abrogates her treaty to take effect October 29 [27?]. Although Belgium alone has the right of abrogation, the Government has agreed to negotiate for new treaty, but counsels delay pending outcome of work of international commissions on extraterritoriality and customs. Both Peking and Brussels have therefore consented to a modus vivendi, but the Belgian Government has information to the effect that China is not really going to carry out her expressed willingness to proceed with a modus vivendi. Foreign Minister has informed Peking that if the modus vivendi is [Page 985] not signed before the end of present treaty the whole matter will be submitted to International Court of Justice at The Hague. In the circumstances, the Government already decided to elicit the help of the American, British and possibly French Governments in an effort to induce China to put into effect the desired modus vivendi and a note to this effect will be sent to me shortly.