793.003/676
Memorandum by Mr. Joseph E. Jacobs of the Division of Far Eastern Affairs19
Minister C. C. Wu, accompanied by Mr. Ken-Shen Weigh, Third Secretary of the Chinese Legation, called this morning by appointment. Mr. Hornbeck handed to Minister Wu a new draft in regard to the extraterritorial rights of the United States in China,20 each page of which was marked “Tentative and Without Commitment” with the explanation that this draft was composed as follows:
- (1)
- The twelve Articles found in the Chinese draft of April 8, 1931,21 appeared in substantially the same form as revised by Mr. Weigh and Mr. Jacobs, with certain changes made necessary by the giving up of criminal jurisdiction and by a renumbering of the Articles to conform to the tentative draft which is in process of construction at Nanking.
- (2)
- There are eight additional Articles, as follows:
- a.
- Article V: Arrests, Imprisonment, Detention and Bail;
- b.
- Article XI: Shipping;
- c.
- Article XIV: Rights of Residence and Trade;
- d.
- Article XV: Personal Status Matters;
- e.
- Article XVII: Definition of Expressions, etc.;
- f.
- Article XVIII: Excluded Areas;
- g.
- Article XIX: Provisions of Existing Treaties;
- h.
- Article XX: Duration and Ratification.
- (3)
- The points to be incorporated in an exchange of Notes are now
embodied in one Note in the following order:
- 1.
- Protection of Courts;
- 2.
- Personnel of the Special Chambers;
- 3.
- Legal Counselors;
- 4.
- Lawyers and Interpreters;
- 5.
- Arbitration;
- 6.
- Rights in Immovable Property;
- 7.
- Publication of Codes.
Mr. Hornbeck pointed out that this draft conceded the surrender of criminal jurisdiction but provided for the exclusion of four areas. Mr. Hornbeck further stated that, while it might be possible to reach an accord in regard to the substance of this draft before May 5, he was afraid that it would be impossible to agree upon the final text before that date as it would be necessary to have the Department’s Solicitors scrutinize the final text carefully. Minister Wu agreed with Dr. Hornbeck that there should be a careful scrutiny of the final text but remarked that it might be possible to initial a draft for substance.
Minister Wu inquired whether it was our understanding that the Chinese Government would assume jurisdiction over American citizens gradually as the Special Chambers were established and the Legal Counselors were installed or whether this jurisdiction could not be assumed until all of the Special Chambers had been established and Legal Counselors attached thereto. There followed some discussion on this point with the result that it was decided that there was no objection to either plan provided, whichever were adopted, the Treaty should be so worded as to admit of no ambiguity.
With regard to the Article of the draft on the “Rights of Residence and Trade”, Minister Wu and Mr. Weigh both remarked that the inclusion of this clause would lay the way open for the colonization of Manchuria by the Japanese.
Minister Wu then inquired how long we intended that the areas named in the draft should be excluded from the scope of the Treaty and was informed that the period of exclusion was intended to be not less than the period of the duration of the Treaty. Minister Wu then remarked that he thought the radius of ten miles would exclude too large an area and might prejudice the long-standing dispute as to the limits of the treaty ports.
Minister Wu then inquired how far our draft paralleled the substance of the Sino-British drafts which had been prepared at Nanking as he desired to save the trouble and expense of telegraphing the whole text. Mr. Jacobs then informed Minister Wu that the twelve Articles which he and Mr. Weigh had discussed and, in addition, Articles V and XI were substantially the same as the Sino-British draft, as well as all the subjects dealt with in the exchange of Notes except the one on “Publication of Codes.”
Dr. Hornbeck then stated that he would like to have Minister Wu study this draft and that he would be prepared to see him again on Wednesday.