793.003/770: Telegram
The Secretary of State to the Minister in China (Johnson)
Washington, September 10, 1931—6
p.m.
321. Your 569, September 4, 3 p.m., in regard to extraterritoriality.
- 1.
- The provisions of Article V specifically apply to all sentences of imprisonment not exceeding 6 and 12 months respectively, irrespective of whether the Chinese law provides a fine as an alternative to imprisonment. Accordingly the insertion of the words “or fine” after the words “for six months” and “for one year” would appear to be unnecessary but not conclusively objectionable.
- 2.
- The reference to special chambers was not included in Article VIII of the Department’s draft of July 14 because it was felt that the general provisions of Article II provide for the hearing in the special chambers of cases involving rights of American nationals in immovable property. Perhaps the insertion of the word “competent” before the words “Modern Court of Justice” in the last sentence of Article VIII of the Department’s draft of July 14 would be advisable. The same insertion would be made in the last sentence of the fourth paragraph of Article VI.
- 3.
- The words “of any” after the words “the option” in the second paragraph of Article XIV were not included in the Department’s draft of July 14 because the Department, at the time that draft was prepared, was being guided, in so far as it was concerned with the Sino-British draft of June 6, by the Legation’s telegram from Shanghai of June 18, 3 p.m.,97 paragraph 15 of which stated that the text of Article XIV in the Sino-British draft was that reported in the Legation’s telegram of May 9, 11 a.m., from Nanking, which did not contain the words “of any”. Subsequently it was noted from the copy of the Sino-British draft of June 6 mailed with the Legation’s despatch of June 16, from Shanghai,97 that Article XIV contained the words “of any”. The Department agrees that the insertion of these words is desirable.
Stimson