793.003/654: Telegram
The Secretary of State to the Consul General at Nanking (Peck)
33. For the Minister: Your May 4, 2 p.m., from Nanking.
1. The text of this article as it appeared in the Department’s draft of April 27 was as follows:
[Page 838][Here follows text of article XV of draft printed on page 823.]
2. In a discussion on May 2 between Mr. Weigh, of the Chinese Legation, and Mr. Jacobs, Weigh expressed a preference for the Sino-British draft of the article. As a result, the following redraft of this article was, on May 2, made for substitution:
“In all matters of personal status, among which are included all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity, affiliation, adoption, capacity, majority, guardianship, trusteeship and interdiction, and in all matters relating to succession to personalty whether by will or on intestacy, and through the distribution and winding up of estates and family law in general, the applicable laws of the United States of America shall be applied by the Chinese courts as regards nationals of the United States of America in China.
All such cases of personal status where only nationals of the United States of America are concerned shall, at the option of the parties concerned, be dealt with outside the jurisdiction of the Chinese courts.
Consular officers of the United States of America shall take possession of and administer the estates of nationals of the United States of America dying in China in all cases where no objection to such administration has been filed by an interested party in writing at a consular office of the United States of America in China within 90 days’ notice of death announced by the competent consular office. In case of intestacy where there is no heir the immovable property of the deceased will be disposed of in accordance with the laws of China.
The personal effects left behind by nationals of the United States of America who die on the high seas, or when passing through China without having there any regular domicile or permanent residence, shall be handed over to or be taken possession of by the nearest consular representative of the United States of America, who shall be entitled to dispose of the same in accordance with the laws of the United States of America without any interference by the Chinese authorities.”
3. As both the British and American drafts in regard to the question of personal status matters are still tentative and without commitment, it may be possible for you to prepare a revision, using materials in both texts, which will be acceptable to British and to Chinese and to us. Keep in mind that we cannot grant reciprocity. Please report developments.