793.003/618: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received April 23—2:20 p.m.]
1. British Minister has just given me following information showing the number of the articles in the draft treaty so far discussed as agreed upon with Hsu Mo.
2. Article 1—Transfer of jurisdiction (agreed), article 2—Special Chambers (agreed), article 3—Legal Counselors (agreed), article 4—Lawyers and Interpreters (agreed), article 5—Arrests, et cetera, article 6—Taxation (agreed), article 7—Arbitration (agreed), article 8—Rights in immovable property (agreed), article 9—Immunity of premises, et cetera (agreed), article 10—Military requisitions and forced loans (agreed), article 11—Shipping, article 12—Companies (agreed), article 13—Pending cases (agreed).
One more to be numbered: Nondiscriminatory treatment (agreed), British protected persons (agreed).
Here will follow the articles not yet dealt with, namely, evocation, rights of residence and trade, personal status, excluded areas, publication of codes, continuance of existing treaties, authoritative text, duration and ratification.
Then follow: Declaration regarding the Chinese courts (agreed), declaration regarding the judges of the Special Chambers (agreed), declaration regarding legal counselors, exchange of notes regarding immovable property (agreed), letter regarding arbitration law [Page 808] (agreed), agreed minute regarding immunity of courts from extenuating interference, legal counselor of British nationality and lawyers.
3. At the suggestion of the British Foreign Office the long article about legal counselors is being cut up into eight separate paragraphs beginning “to each, et cetera”; “judicial authorities, et cetera”; “a legal counselor need not, et cetera”; “the legal counselor shall serve, et cetera”; “the legal counselor shall be authorized, et cetera”; “similarly, et cetera”; “in all cases, et cetera”; “the Chinese courts, et cetera”.
4. The precise form of articles 8 and 10 has not yet been settled. The British Foreign Office still considering temporary occupation in the former and reciprocity in the latter. But substance agreed upon.
5. Everything not marked “agreed” is still without commitment.