893.05/232: Telegram

The Chargé in China (Perkins) to the Secretary of State

25. Legation’s 21, January 6, noon [11 a.m.].81

1. At meeting yesterday of interested Heads of Legation tentative joint instructions to foreign delegates were agreed upon. Since British Counselor in the absence of his Minister is not authorized to make decisions with regard to present court matters, tentative joint instructions were telegraphed to British Minister aboard ship for his consideration with the request that if he concurred they be repeated to Nanking as the joint instructions of the interested Legations.

[Page 316]

2. Tentative joint instructions are as follows:

“You should use your discretion in adapting previous instructions to meet the views of the Municipal Council. While from practical point of view the safeguarding of position of judicial police and process servers seems to us essential, we feel that to relax on the question of observers may have unfortunate reactions on future of extraterritoriality. While bearing this in mind, however, your discussions with the Chinese delegates might proceed a little further before any definite decision is taken on this point.”

3. Foreign delegates are also expected to consider, first, the position under (c) in the telegram under reference of nonextraterritorial foreigners and, second, the advisability of insisting upon proper enforcement of sentences of Chinese convicts handed over to their authorities.