793.003/576: Telegram
The Minister in China (Johnson) to the Secretary of State
[Paraphrase]
Nanking, March 27, 1931—11
a.m.
[Received 11:25 a.m.]
[Received 11:25 a.m.]
Department’s 16, March 24, 3 p.m., to Nanking.
- (1)
- The British Minister returned on March 23 to Nanking and on March 25 resumed negotiations with Dr. C. T. Wang concerning guarantees. At that time Lampson presented redrafts of certain articles previously discussed and also a redraft of the first part of article 1 on the transfer of jurisdiction. Lampson proposed also that by an unpublished, informal exchange of notes regarding the registration of lawyers the possession of diplomas from Chinese law schools or the qualifying through Chinese legal examinations should not be required of British lawyers. On March 26 Teichman conferred further with Hsu Mo as to all of the legal guarantees. Copies of the various discussed articles have been promised me as soon as they have been confirmed. I understand that, among the accomplished things, there has been dropped as of doubtful value the final sentence of the draft on “rights in immovable property and expropriation”, namely, “the use of the property of British subjects shall not be denied to them even temporarily”. As it stood, this clause seemed to legalize a system of seizing foreign property temporarily with or without compensation.
- (2)
- It seems to me that the best thing I can do for the moment is to refrain from taking any initiative in these matters here so long as the British are apparently making progress. To the British Minister I have given the Department’s suggestions and redrafts so that he may make use of them as occasion offers. He is keeping me informed as to developments. I am thus left free to take up matters anew if necessary and to avoid at the same time any complication for the negotiations going on now.
- (3)
- Lampson wishes to find out how much of the legal guarantees can be disposed of before he proceeds to discuss the major and vital questions, criminal jurisdiction and reserved areas. The Minister has indicated to C. T. Wang that the attitude of the British Government on the major issues will be influenced by the Chinese position as to guarantees. Lampson has now been given complete discretion regarding criminal jurisdiction and is prepared, I understand, to throw it into the balance upon reaching satisfactory understandings regarding legal guarantees and in exchange for the reserved areas. Tomorrow I expect again to see Lampson and will then report further texts to the Department.
Johnson