793.003/610: Telegram
The Minister in China (Johnson) to the Secretary of State
The Department’s 25, April 17, 6 p.m. to the American Consul [General] at Nanking and my April 19, 2 p.m.
- 1.
- The following draft articles covering military service, arrests and shipping have been worked out ad referendum between British Minister and Dr. Wang neither side being committed to their acceptance.
- 2.
- “Military service, forced loans, et cetera. British subjects in China shall not be subject to any form of military service or to any tax or levy imposed as a substitute for military service or the military requisitions or contributions of any kind, nor shall they be liable or compelled to subscribe, directly or indirectly to any public loan or to any other form of forced levy. Reciprocally Chinese citizens shall enjoy in the United Kingdom similar exemptions in respect of all the above matters.”
- 3.
- “Arrest, imprisonment, detention, bail, et cetera. [(1)] Subparagraph (2): Except in cases of flagrante delicto British subjects may not be arrested, detained or imprisoned except upon an order formally issued by a modern court of justice specifically stating the legal grounds on which and the offense for which action is authorized. They shall within 24 hours after arrest, exclusive of legal holidays, be brought before the nearest modern court of justice competent to deal with the case for hearing. If there is no competent modern court which can be reached in this space of time, any British subject thus arrested will be brought before the nearest competent modern court with the least possible delay.
- (2) Any British subject arrested or otherwise detained shall be permitted to communicate immediately with the nearest British Consular officer, and he is to be afforded all possible facilities to that end. British Consular officers or their representatives shall be permitted to visit any British subject under detention at all reasonable times.
- (3) British subjects under detention or sentence of imprisonment will only be detained or imprisoned in modern detention houses or modern prisons or in other premises suitable for their detention or imprisonment.
- (4) British subjects serving sentences of imprisonment may be visited by British Consular officers or their representatives at all reasonable times [subject to the prison regulations]. (Note. Words in brackets are under consideration. British want it.)
- (5) If any British subject charged with offense the maximum penalty for which does not exceed imprisonment for 6 months makes application before sentence is given for the imposition of a fine instead of imprisonment, the Chinese court will grant such application. In each of such cases the fine imposed will not exceed a maximum of $1,000. In like manner if any British subject charged with any offense punishable under the Chinese criminal code by imprisonment not exceeding 1 year or fine makes application before sentence is given for the imposition of a fine instead of imprisonment, the Chinese court will grant such application. In each of such cases the fine imposed will not exceed a maximum of $3,000.
- (6) Except in the case of crimes punishable by death or imprisonment for life, immediate release on bail will on application be granted to any British subject arrested or detained, unless the court has good reason to believe that the accused may flee from justice after release. The amount of bail will be reasonably proportionate to the offense alleged. Such facilities for release on bail will be granted to appellants until the sentence of the final Appellate Court is given.
- (7) British subjects shall not be subject to imprisonment for debt. If, however, it is shown that a debtor is taking action which will render execution on his goods in China impossible, or if execution cannot be safeguarded by any other means, he may be detained in the manner provided for such cases by Chinese law, in which case the provisions of paragraphs 2 and 3 of this article provides [sic].
- (8) Except in such cases as must under the relevant Chinese law be heard in camera, all hearings of cases involving British subjects will be open to the public and all persons interested in the hearings may be present as public spectators. (Note. The wording of the first part of this sentence is still under consideration)”.
- 4.
- “Shipping. British commercial vessels in Chinese ports or territorial waters will comply with such nondiscriminatory and legally enacted and duly promulgated Chinese regulations as are applicable to all vessels. They will not be subject to any form of commandeering or requisition, nor will they be compelled to carry Chinese troops or Chinese military supplies. Such vessels will not be inspected, searched, boarded, or subjected to any kind of restraint by Chinese armed military authority except in the case of special emergency and only after due notification to and by arrangement with the captain of the vessel or the officer in charge. They may not be boarded by Chinese police nor may any person be arrested on board any such vessel except upon a warrant formally issued by a modern court of justice specifically stating the legal grounds on which action is authorized. In the absence of such a warrant, Chinese police may only board the vessel in case of special emergency and only after due notification to and by arrangement with the captain of the vessel or the officer in charge. In general the treatment accorded to British commercial vessels shall be in conformity with that accorded under recognized international practice by maritime nations to vessels of other countries in their ports or territorial waters. The present authority of the Chinese Maritime Customs with respect to British commercial vessels, including authority to search such vessels for the prevention of fraud or smuggling, shall remain unimpaired”.
Johnson
- Telegram in two sections.↩