793.94/4912: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received March 29—3 a.m.]
My March 28, 8 p.m. Text of draft B follows: [Page 639]
“Article 1
The Japanese and Chinese authorities having already ordered the cease fire, it is agreed that the cessation of hostilities is rendered definite as from (blank). The forces of the two sides will so far as lies in their control cease all hostile acts. In the event of doubts arising in regard to the cessation of hostilities, the situation in this respect will be ascertained by the representatives of the participating friendly powers.”
Article 2
Same as in my March 24, 9 a.m. [p.m.], with the following reservations by the Chinese: “It is understood that nothing in this agreement implies any permanent restriction of movements of Chinese troops in Chinese territory.”
Article 3
“In accordance with the program regulating withdrawal as shown in annex 2 to this agreement the Japanese troops will withdraw to the International Settlement and the extra-Settlement roads in the Hongkew [district?] as before the incident of January 28th [, 1932?]. It is, however, understood that in view of the numbers of Japanese troops to be accommodated some will have to be stationed temporarily in localities adjacent to the above-mentioned areas.
The aforesaid localities are indicated in annex 3 to this agreement.”
Article 4
“A joint commission including members representing participating friendly powers will be established to certify mutual withdrawal.
The aforesaid commission will also collaborate in arranging for the transfer from the evacuating Japanese forces to incoming Chinese police who will take over as soon as the Japanese forces withdraw.
The constitution and procedure of the aforesaid commission will be as defined in the annex 4 to this agreement.”
Article 5
[“]The present agreement shall come into force on the day of the signature thereof.
The present agreement is made in the Chinese and Japanese and English languages. In the event of their [there] being any doubts as to the meaning or any differences of meaning between the Chinese and Japanese and English texts, the English text shall be authoritative.
Done at Shanghai, this (blank) day of (blank) 1932, corresponding to (blank).
(Chinese and Japanese signatures.)
In the presence of: (signatures of foreign heads of mission).
Representatives of the friendly powers assisting in the negotiations in accordance with the resolution of the Assembly of the League of Nations of March 4, 1932.”
[Page 640]annex i
“The following are the positions of the Chinese forces as provided in article 2 of this agreement (here insert definition of the Chinese positions).
In the event of doubts arising in respect thereto the positions in question will be ascertained by the representatives of the participating friendly powers.”
annex ii
“The withdrawal of the Japanese troops to the localities indicated in annex 3 will be commenced within 1 week of the coming into force of the agreement and will be completed as soon as possible within a maximum period of 6 weeks.
The joint commission to be established under article 4 will make any necessary arrangements for the care and subsequent evacuation of any invalids or injured animals that cannot be withdrawn at the time of the evacuation. These may be detained in their positions together with medical personnel. The Chinese authorities will give protection to the above.”
annex iii
“The following are the localities in which the Japanese troops will be temporarily stationed as provided in article 3 of this agreement.
(Here insert definition of the localities in which the Japanese troops be temporarily stationed).
In the event of doubts arising in regard thereto the localities in question will be ascertained by representatives of the participating friendly powers.”
annex iv
“The joint commission will be composed of 12 members, namely, 1 civilian and 1 military representative of each of the following: the Chinese and Japanese Governments and the American, British, French and Italian heads of the missions in China being the representatives of the friendly powers assisting in the negotiations in accordance with the resolution of the Assembly of the League of Nations of March 4, 1932.
The members of the joint commission will employ such numbers of assistants as they may from time to time find necessary in accordance with decisions of the commission. All matters of procedure will be left to the discretion of the commission whose decisions will be taken by majority vote, the chairman having a casting vote. Chairman will be elected by the commission from the members representing participating friendly powers.
The commission may in all its decisions invoke the assistance of its members, the representatives of the participating friendly powers, in arranging for reconnaissance by the latter by airship over such points as may be considered necessary in order watch the carrying out of the provisions regulating the cessation of hostilities.”
The separate declaration by the Chinese Government remains the [Page 641] same as in my March 24, 9 a.m. [p.m.] with a slight alteration in the last sentence as follows:
“It is understood that the incoming Chinese police referred to in the penultimate sentence of article number 4 of the [agreement?] for the cessation of hostilities of (inserted date) will be drawn from the above special constabulary.”