861.77 Chinese Eastern/1207
The Chinese Ministry of Foreign Affairs to the Chinese Legation44
The Chinese Embassy at Moscow delivered yesterday under the instructions of the Chinese Government a note of protest with the Soviet Foreign Office. The note says the Chinese Government is much surprised at the views expressed by the Soviet authorities which show total disregard of the treaty obligations as well as their inclination to conclude an unjustifiable transaction with the unlawful regime on the part of the Soviet Government.
The note recalls the provisions of Article Nine, Paragraphs Two and Five45 of the Sino-Russian agreements of 1924 and concludes, “The Soviet Union has absolutely no right to assign in any form its interests in the railway to whomsoever it wishes.”
The note calls the Soviet Government’s attention to the pledge mutually made by the Chinese and Soviet Governments in Article Four, Paragraph Two46 of the 1924 agreements.
“Recently the Chinese Government has been prevented by force majeure from participating in the administration of the Chinese Eastern Railway. But China has not for that reason given up nor will she ever give up any of her contractual as well as sovereign rights in the Railway. Temporary obstruction caused by circumstances for which China is not responsible in the exercise of her administrative rights in connection with the Railway does not affect in the least the validity of the provisions of the agreements of 1924 nor the status of the Railway. The Chinese Government cannot admit for one moment the argument that on account of the state of affairs which must be felt as painful to Russia as to China the Chinese Government should be debarred from claiming the rights under the agreement in question. [Page 330] U. S. S. R. cannot now dispose its interests in the Railway without China’s consent any more than it could do so when the Chinese authorities were actually controlling the administration in conjunction with the Soviet authorities.”
The note then points out:
“The present conditions in Manchuria are [rightly] regarded by the whole world as having [been] born of military aggression contrary to the letter and spirit of the Paris Pact of August 27, 1928, [to] which the U. S. S. R. is a party and that all civilized states have pledged themselves not to recognize such a regime de jure or de facto. To transfer without China’s agreement the important means of communication in Manchuria under the present circumstances in the manner contemplated by the Soviet authorities is tantamount to recognition of the entity internationally condemned as unlawful and giving aid and assistance to the aggressive party. Consummation of such a scheme is clearly contrary to the professed desire for peace by the Soviet Government.
“In view of the above legal and political reasons, the Chinese Government is constrained to protest most emphatically against the proposed sale by the Government of the U. S. S. R. of its interest in the Chinese Eastern Railway and expresses the earnest hope that it would reconsider its attitude in regard to this question in the light of the agreements of 1924.[”]
Note:—
Article 9. Paragraph 2.
1. “The Government of the Union of Soviet Socialist Republics agrees to the redemption by the Government of the Republic of China, with Chinese capital, of the Chinese Eastern Railway, as well as all appurtenant properties, and to the transfer to China of all shares and bonds of the Railway.”
Article 9. Paragraph 5.
2. “The Governments of the two Contracting Parties mutually agree that the future of the Chinese Eastern Railway shall be determined by the Republic of China and the Union of Soviet Socialist Republics, to the exclusion of any third party or parties.”
Article 4. Paragraph 2.
3. “The Governments of both Contracting Parties declare that in future neither Government will conclude any treaties or agreements which prejudice the sovereign rights or interests of either Contracting Party.”