893.05/226: Telegram
The Acting Secretary of State to the Chargé in China (Perkins)
Washington, January 9,
1930—1 p.m.
9. Your 18, January 4, 5 p.m.82
- 1.
- Your paragraph 2, point 4. The Department believes that any arrangements made regarding functions and powers of procurator should safeguard the right of the municipal authorities to initiate criminal prosecutions in the court in the International Settlement.
- 2.
- Points 6, 7 and 8. Regarding desire of Chinese that consular representative shall not “make known in public his opinions” the Department believes that due provision should be made for right of the consular representative to report fully to the authority on whose behalf he appears any ground for complaint in the conduct of a case, in order that, if desirable, cause of complaint may be taken up through official channels. In reference to limitation of scope of representation to criminal cases it appears to be necessary that the position of the Municipal Council should be protected by insisting on presence of consular representative in civil as well as criminal cases involving the Municipal Council. However, if it proves to be impossible to obtain effective authority for the consular representative or “observer” the Department would be disposed to concur in what appears to be the view of the Municipal Council, as set forth in your 21, January 6, 11 a.m.,83 namely that the Municipal Council could advisably dispense with a consular representative or “observer”, provided (a) that the Council were to be specifically granted the right to have a legal representative appear and be heard by the court in every case in which the [Page 317] Council considers the interests of the Settlement are directly involved, and (b) provided that the Chinese would consent to the employment of a foreigner of the Council’s selection to head the judicial police and process servers.
- 3.
- Point 9. Referring to your 21, January 6, 11 a.m., paragraph 1 (B), the Department believes that the responsibility for policing the International Settlement, which responsibility is vested in the Municipal Council, requires that the judicial police and process servers shall function under the inspection of a foreign officer who shall be subject to the authority of the Municipal Council. It is the view of the Department that every process issued by the court should bear the signature of this officer before service, as evidence that, in his opinion, no violation of land regulations, municipal bylaws or treaties is involved, and that, if he believes any process coming to him for signature would result in such violation, he should be empowered to refer the matter to the Senior Consul for a ruling.
- 4.
- This telegram is in reply to your 21, January 6, 11 a.m., as well as your 18, January 4, 5 p.m. If additional questions arise they may be referred to the Department for consideration.
Cotton