793.003/293
The Chief of the Division of Far Eastern
Affairs (Hornbeck) to the British
Chargé (Campbell)
Washington, March 17, 1930.
Dear Mr. Campbell: Under date February 21,
1930, the American Embassy at London telegraphed the Department that the
British Foreign Office had expressed a desire to be informed with regard
to the attitude of the American Government on the subject of
endeavoring, in dealing with the question of extraterritorial
jurisdiction in China, to retain criminal jurisdiction and/or to provide
for the employment by China of foreign co-judges.
In a recent conversation, you mentioned this same matter to me.
I am happy to be able to inform you, as per the memorandum hereto
attached, with regard to the views of the Department. The text of this
memorandum is being telegraphed to the American Embassy at London and to
the American Legation at Peiping, with authorization to communicate it
to the British Foreign Office and to the British Minister to China.
Yours sincerely,
[Annex]
The Department of
State to the British
Embassy
[Washington,] March 17,
1930.
In reply to the inquiry of the British Foreign Office with regard to
the views of the Department on the subject of endeavoring, in
dealing with the question of extraterritorial jurisdiction in China,
to retain criminal jurisdiction and/or to provide for the employment
by China of foreign co-judges, the Department states:
It is the opinion of the Department that it would be desirable, if
possible, to have provision for both of these features. As between
the two, the Department regards provision for the employment of
foreign co-judges as the more to be desired. At the same time, the
Department believes that the Chinese will resist proposal of
co-judges more than proposal that criminal jurisdiction be retained.
The Department is willing, in course of its negotiations, to propose
to the Chinese both features and to stress desirability of having
co-judges. The Department finds it impossible, however, to say in
advance which point it would be ready to abandon first, as this
would depend on (a) other features of any
plan or plans proposed and (b) the Chinese
reaction thereto and (c) the situation which
may develop while discussion proceeds. Department will expect to
keep Foreign Office informed of any modification or development in
connection with this expression of views.
