793.003/550
The British Embassy to
the Department of State44
Washington, March 7, 1931.
No. 65
His Majesty’s Ambassador has the honour to communicate to the Secretary
of State the attached document giving the substance of the instructions
issued to Sir Miles Lampson in regard to Extraterritoriality in China.
His Majesty’s Government trust that the policy laid down in these
instructions will meet with the agreement of the United States
Government.
Should that be the case, His Majesty’s Government would hope that the
United Stktes Minister to China might receive instructions in the same
sense. His Majesty’s Government would then propose that the United
States Minister and His Majesty’s Minister should be authorized, at
their discretion, to decicte when the right moment has arrived to offer
the surrender of criminal jurisdiction, and to act accordingly.
[Enclosure]
The British Embassy
to the Department of State
Extraterritoriality in
China
Substance of instructions sent to Sir Miles Lampson
- 1.
- His Majesty’s Government do not now propose to prepare any new
draft treaty or series of drafts for submission to the Chinese
Government. When negotiations are resumed they contemplate, as
and when advisable, to authorize Sir M. Lampson to abandon
progressively the less essential of the demands contained in the
draft of September 11th with a view to obtaining the Chinese
consent to safeguards which are vitally important.
- 2.
- Evocation. This has not been regarded
by His Majesty’s Government as a point of major importance, and
Sir M. Lampson is authorised to give it up as a first
step.
- 3.
- Criminal Jurisdiction. Neither His
Majesty’s Government nor Sir M. Lampson believe that discussions
can be carried to a successful termination until the abandonment
of this jurisdiction is conceded to the Chinese. But Sir M.
Lampson is instructed not to offer such abandonment unless the
United States Government consent to adopt the same course. He is
to discuss this matter fully with his United States
colleague.
- 4.
- Pending consideration of this point by the United States
Government Sir M. Lampson is authorised to say that for the sake
of
[Page 742]
reaching an agreed
settlement of the whole question His Majesty’s Government would
be willing to make considerable sacrifices, but that in order to
win the approval of public opinion they would have to secure in
the eventual treaty complete satisfaction on certain points
which are regarded as vital.
- 5.
- To these points His Majesty’s Government attach the greatest
importance; and they believe that to secure them it will be
necessary eventually to offer definitely to surrender criminal
jurisdiction. They are:—
- (a)
- the powers and functions of the legal advisers.
- (b)
- certain legal safeguards, which include the methods of
assessment, and of deciding disputed assessments;
methods of collecting taxes and of enforcing their
payment.
- (c)
- excluded areas.
- (d)
- if and when criminal jurisdiction is abandoned,
questions as to bail, trial and imprisonment.
- 6.
- Except as to (c) in all the above
points detail is of essential importance. The necessary
discussion of them is therefore likely to be lengthy and Sir M.
Lampson is to approach this discussion on the basis (a) that no agreement will be possible if
arrangements cannot be reached which will completely meet the
requirements of British public opinion and (b) that His Majesty’s Government will be able to
proceed liberally if their requirements are met.
- 7.
- With regard to point (a) in paragraph 5
above (legal advisers) it is the understanding of His Majesty’s
Government that the proposal to confer on these advisers the
powers of co-judges will encounter the strongest opposition of
the Chinese Government. His Majesty’s Government apprehend that
by insistence on this, if it were successful, such friction
might be engendered as to destroy the utility of these officials
as advisers, to which great importance is attached. Sir M.
Lampson is therefore authorised, as a final concession, to give
up insistence on the point that the advisers should be
co-judges.
- 8.
- With regard to point (c) in paragraph 5
above (excluded areas) His Majesty’s Government consider that
the exclusion of Shanghai is the most important interest at
stake, even if the area excluded is limited to the International
Settlement only. This seems to them vitally necessary. Canton,
Hankow and Tientsin are regarded as important but His Majesty’s
Government think they might be abandoned as a last
resort.
- 9.
- His Majesty’s Government attach the greatest importance to the
securing of really satisfactory safeguards in matters of detail,
particularly those set forth in paragraph 5 above.
