793.003/696: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received 10:30 a.m.]
British Minister handed to me the following draft of article 21 on duration of the treaty which has been accepted by the Chinese and has been communicated to London for approval.
[Page 864]“Article 21. The present treaty shall as from the date of its coming into force, except as otherwise provided in articles 2, 3 and blank, be mutually and reciprocally binding for a period of blank years, at the end of which period the treaty may, in response to the demand of either party made 6 months prior to the expiration of the period, be revised by negotiation between the parties thereto. If no agreement is reached in regard to such revision within this period, the treaty shall become null and void. Should neither party demand such revision, the treaty shall continue in force, provided however that any time after the expiration of the said period either party may notify the other of its desire to revise or terminate the treaty, which shall then, if no agreement is reached in regard to revision or if notice [to] terminate is given, as the case may be, become null and void 6 months after the date of such notification. It is understood that the provisions in existing treaties abrogated under article 19 of the present treaty will not be revived upon its termination.”
Following additional paragraph to be added to article 2.
“The arrangements in connection with the Special Chambers to be established by the Chinese Government shall remain in force for such period as the Chinese Government may deem appropriate, not being less than blank years.”
Following additional paragraph to be added to article 3.
“The arrangements in connection with the legal counselors to be appointed by the Chinese Government shall remain in force for such period as the Chinese Government may deem appropriate, not being less than blank years.”
I understand that term of treaty which Minister is going to insist upon will be 10 years, while term of special provisions will be 5. These periods have not as yet been acceptable to the Chinese.