893.102S/1200: Telegram

The Consul General at Shanghai (Cunningham) to the Secretary of State

290. Continuing my telegram No. 280, June 4, 1 p.m.:

The agreement was negotiated by Stirling Fessenden, representing the Shanghai Municipal Council, and Mr. O. K. Yui, representing the Mayor of Greater Shanghai.
Under the agreement the city government of Greater Shanghai is to establish police administration under control of the Bureau of Public Safety of Greater Shanghai on the outside roads. The Commissioner to be appointed by Mayor of Greater Shanghai and Deputy Commissioner to be nominated by Shanghai Municipal Council. The police administration to be organized under the direction of Commissioner and Deputy Commissioner and personnel of police administration to wear distinctive badge in Chinese and English and to have exclusive right to function on extra-Settlement roads. The Commissioner and Deputy Commissioner are to make arrangements governing patrol, traffic and other functions on extra-Settlement roads as will be “most convenient for administration and control”. All police matters relating to foreign nationals having extraterritorial rights shall be handled by the Deputy Commissioner, all cases relating to Chinese and other nationals shall be dealt with by the Commissioner subject to any such action “being in conformity with agreement appertaining to the Shanghai District Court”. In cases of doubt as to proper handling of any particular case or situation the Commissioner and Deputy Commissioner will, if unable to agree, report in writing to Chief of Bureau of Public Safety and Commissioner of Police of Shanghai Municipal Council.
The city government of Greater Shanghai delegates necessary power and authority exclusively to Shanghai Municipal Council to undertake work in respect to road repairs, bridges, drainage, sewerage, house refuse and removal of ordure on extra-Settlement roads.
Public utilities in northern district to be supplied by companies having franchise rights in Greater Shanghai, in western district existing public utility companies shall make application to be considered in connection with service now being rendered to community by public utilities now [operating] on extra-Settlement roads.
Greater Shanghai delegates necessary power and authority exclusively to Shanghai Municipal Council departments to undertake work of fire prevention and public health.
All municipal property on extra-Settlement roads to be exempt from taxation and free from interference.
Greater Shanghai delegates necessary power and authority exclusively to Shanghai Municipal Council to collect taxes on extra-Settlement roads. Shanghai Municipal Council and Greater Shanghai to keep a budget of income and expenditures to which all such revenue shall be credited and all expenses charged invoiced under (a) policing, (b) repairs and maintenance of extra-Settlement roads, (c) fire prevention and public health. Cost of collection and public lighting shall be first charge on special budget.
The agreement is for a period of 3 years. This modus vivendi, if approved by the National Government, will furnish a basis for regulating extra-Settlement area. I believe that it has fair hopes of receiving the endorsement of the National Government and the Municipal Council. It is by no means certain that the Japanese will endorse the agreement.

Copy of agreement will be forwarded by next pouch.93

Repeated to the Legation.

  1. Not printed.