Papers relating to the foreign relations of the United States, 1931, The Far East, Volume III

793.003/663: Telegram

The Minister in China (Johnson) to the Secretary of State

Nanking, May 7, 1931—noon.
[Received 8:52 p.m.⁴⁰]

1. Your 33, May 4, 8 p.m., to Nanking. Last sentence garbled but I understand Department to mean that we cannot accord reciprocity in the matter of personal status.

2. On May 4th Teichman handed to Hsu Mo a new draft of this article which Hsu Mo is now considering. New draft is based on text communicated in my April 28, noon,⁴¹ the only changes being amendments introduced by the British Foreign Office. These amendments are indicated in next paragraph.

3. In paragraph (1) word “personalty” changed to “property”. Paragraph (2) has been changed to read “All such cases of personal status where only British subjects or the property of British subjects are concerned will be outside the jurisdiction of the Chinese courts and will be dealt with by the competent British courts”. Paragraph (3) has been amended to read “British consular officers shall take possession of the estates in China of deceased British subjects. They shall administer the same in all cases where no objection to such administration has been filed by an interested party in writing at a British consular office in China within 90 days after notice of death has been published by the competent consular office.

Where such objection is filed the provisions of paragraphs (1) and (2) will apply as the case may be. In cases of intestacy where there is no kin the immovable property of the deceased will be disposed of in accordance with the laws in China”. Paragraph (4) remains the same and is the reciprocity clause to which I understand Department has received objection.

4. This draft is so similar to the Department’s redraft of May 2nd⁴² that I suggest that Department authorize me to hand it to Dr. Wang, after words “nationals of the United States of America” have been appropriately substituted for “British subjects”, and minus the reciprocity paragraph (4) with a statement that this draft plus last paragraph of the Department’s redraft of May 2nd relative to personal effects of transients is acceptable to us.

5. British Minister is prepared to accept paragraph regarding transients. As paragraph on reciprocity this is acceptable to British Government and British Minister is reluctant to drop it at this stage.

Johnson

40. Telegram in two sections.
41. Par. No. 8, p. 830.
42. See telegram No. 33, May 4, 8 p.m., to the Consul General at Nanking, p. 837.