793.003/532

The Department of State to the Chinese Legation60

Extraterritoriality

Statement to the Chinese Minister

The Department refers to the Statement handed by the Chinese Minister to Mr. Castle, Assistant Secretary of State, on February 20, 1931, in which the Minister states inter alia that, before proceeding to negotiate on other points, it seems desirable to have a definite statement of the Department’s views on certain points:

The surrender of criminal jurisdiction over American nationals in China in addition to the surrender of civil and police jurisdiction.

The appointment of legal counselors (who shall function without any rights as co-judges), by the Chinese Government without restriction of choice.

The elimination of any reserved areas from the proposed scheme for the relinquishment of extraterritorial rights.

It appears from the statement under reference that the Chinese Government now seeks to place these negotiations on a radically different basis from that upon which they have been proceeding during the past two years. Under these circumstances, in order to save time and to facilitate the efforts of both Governments to bring these negotiations to a successful conclusion, the Department believes that it is desirable at this stage that the American Minister to China discuss with the Minister for Foreign Affairs the issues thus presented, it being the Department’s understanding that the Minister for Foreign Affairs is discussing such matters with representatives in China of other extraterritorial powers. The Department is, therefore, instructing the American Minister to China to confer with the Minister for Foreign Affairs, and hopes that, in consequence of such conference, there may be reached an understanding which will contribute toward an early and successful conclusion of a satisfactory agreement.

  1. Handed to the Chinese Minister by the Chief of the Division of Far Eastern Affairs on March 11, 1931.