793.94/4709: Telegram

The Consul at Geneva (Gilbert) to the Secretary of State

117. Consulate’s 116, March 11, 2 p.m.93 The consideration of the Sino-Japanese question was continued this afternoon at 5 o’clock in a meeting of the General Commission of the Assembly and in a meeting of the Assembly. The chief features are as follows:

General Commission.

(a)
Statement by Sato.
(b)
Discussion of draft resolution by Sato.
(c)
Adoption of draft resolution.

Assembly.

(a)
Adoption of resolution.
(b)
Statement by Yen.
(c)
Election of Committee of 19.
(d)
Future program.

General Commission.

(a) Sato took the floor first to make an announcement concerning the action taken by his Government pursuant to the Assembly’s resolution of March 4 relating to the cessation of hostilities. After reasserting the acceptance by Japan of this resolution he explained that the delay in beginning the negotiations had been due to the lack of word from the Chinese authorities regarding their acceptance. He added that now, since the Japanese Government had been informed through Lampson of the intention of the Chinese to enter into negotiations, the latter would begin as soon as detailed instructions had [Page 574] been received by the Japanese authorities at Shanghai. He then made the following statement.

“My Government authorizes me to declare that the Japanese forces will withdraw from their present positions and retire, to begin with, to the neighborhood of Shanghai and Woosung when the cessation of hostilities is finally assured in accordance with paragraph 1 of the resolution, and when, as regards the arrangement provided for in paragraph 2, appropriate measures have been decided upon to prevent the advance or the taking of offensive measures by the Chinese forces and to ensure the supervision of the zone evacuated by the Japanese forces; our forces thus brought back will reembark as quiet is restored. Our authorities on the spot have already received general instructions in that connection and we therefore entertain good hopes of rapid progress towards a settlement of the situation.”

(b) On the invitation of the President, Sato then set forth his Government’s position on the draft resolution under consideration. He began by stating that the Japanese Government is entirely in agreement with the fundamental principles set forth in the resolution and reaffirmed its intention to be guided in its conduct by those principles. He asserted that Japan had faithfully observed the provisions of the Covenant and the Pact of Paris. He reaffirmed that Japan does not seek to encroach upon the political independence and existing territorial integrity of China.

He stated that the Japanese Government was particularly happy to note that the principle of a scrupulous respect for treaties appears at the very beginning of the resolution and went on to reassert the position taken by Japan during the past months regarding the failure of China to observe those principles after noting with satisfaction that the draft resolution mentions the resolutions of the Council dated September 30 and December 10. He made the following statement:

“The Council, under the terms of article 11 of the Covenant, proposed to send to the Far East a Commission of Inquiry which was to furnish the elements of the fundamental solution. That Commission is about to begin its work. You will remember that in the Council meetings of January 29th and 30th the Japanese delegation raised objections to the application of article 15 with regard to the whole of the Sino-Japanese conflict having in view the continuation of the procedure which I have just made possible.

The attitude of the Japanese Government has, I hope, been sufficiently clearly demonstrated by what I have just said. Its attitude was defined in the declaration made in response to the appeal by the 12 members of the Council. Thus it is subject to certain reservations as to the applicability of article 15 that Japan attends the Assembly and consequently it is unable to cast its vote in favor of the resolution before us.

In these circumstances the Japanese delegation will, in order not to prevent the passing of the resolution, merely abstain from voting.”

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(c) A vote on the draft resolution was taken by a show of hands and the resolution was adopted. Sato and Yen abstained from voting.

Assembly.

(a) A vote on the resolution was taken by roll call. At the conclusion of the voting the President made the following announcement:

“The result of the voting is as follows: Forty-five states voted in favor of the proposal; two states abstained. We apply paragraph 5 of article 19 of the rules of procedure as follows: ‘For the purposes of this rule representatives of states which abstain from voting shall be considered as not present;’ Therefore I can declare that this resolution has been adopted unanimously.”

(b) Yen then explained that his abstention was not to be taken as a sign of opposition to the resolution but merely that as yet he had not received a reply to his request to his Government for instructions.

(c) The Assembly then proceeded to vote by secret ballot for 6 members of the committee as envisaged in part III, paragraph 4 of the resolution, each ballot to contain the names of not more than 6 states, a majority to consist of a majority of proper ballots cast. The President announced the result as follows: number of ballots; absolute majority necessary 24; states elected with respective number of votes as follows: Switzerland 38, Czechoslovakia 35, Colombia 31, Portugal 26, Hungary 24, Sweden 24; and that thus the committee would consist of the President of the Assembly, the 12 members of the Council, except China and Japan, and the states just elected.

(d) The President declared the Assembly adjourned until he should convene it again and stated that he would convene the committee in the first days of next week.

Gilbert
  1. Not printed.