893.711/102: Telegram
The Minister in China (Johnson) to the Secretary of State
Peiping
, April 5,
1933—11 a.m.
[Received April 5—6:14 a.m.]
[Received April 5—6:14 a.m.]
306. Your 105, April 1, noon, paragraph 3; my 275, March 25, 9 a.m., regarding action Shanghai Postal Commissioner.
- 1.
- Upon consulting British Minister today I find that information
which he received from British Consul General differs from ours in
that British Consul General reported Postal Commissioner as having
said that he had no instructions to take action in case press
refused to register. Furthermore, under date of March 31, 1933,
British Consul General telegraphed British Minister as follows:
“City Government of Greater Shanghai have sent a letter to the British Chamber of Commerce stating mat for the time being foreign newspapers are not required to register.”
- Matter would therefore not seem to be as pressing as indicated by Cunningham’s telegram.
- 2.
- An examination of the file here indicates that Legation has kept Department currently informed of all steps in regard to this matter including informal negotiations between British Chargé d’Affaires and the Chinese Foreign Office with a view to having foreign press law amended so that requirement that periodicals be registered with party headquarters and provision for penalties would not be applicable to foreign press. Oral undertaking in this regard as communicated by Peck in his despatch number L–467 January 21, 1933,81 was forwarded to the Department without covering despatch on February 3, 1933. Same oral assurances made to British Chargé [Page 688] d’Affaires and presumably to the French. These oral assurances were followed by a written communication addressed to [by] the Department of International Affairs of the Ministry of Foreign Affairs to the American Legation under date of January 2382 which was copied to the Department on February 2, 1933.
- 3.
- Legation replied formally to this communication under date of February 2, 1933,82 stating that we were not in a position to comply with Foreign Office request and advise American periodicals to register. Copy forwarded to the Department under date of February 2, 1933. Neither French nor the British have replied to the Foreign Office note of January 23rd. British intend to ignore Foreign Office note and let matters rest with informal negotiations which Ingram had carried on with Foreign Office having suggested through British Consul General at Shanghai that British papers register with Ministry of the Interior. British Minister is not informed as to what action British press has taken. British Minister is willing, however, to make reply to note of January 23rd in the form of a third-person note addressed to the Department of International Affairs of the Ministry of Foreign Affairs from which note came, unilaterally reserving treaty rights British subjects. British Minister proposes, however, to allow advice given to British press to stand. He proposes this action in case we desire their backing of our point of view. Neither of us feel that it is necessary, however, particularly at the present time in view of communication of the British Chamber of Commerce.
- 4.
- French Minister informed me this morning that although they had received assurances similar to those given us and British, they had made no commitments to the Foreign Office and had not intended to reply to note of January 23rd. He informed me that French periodicals in Shanghai had been advised to register with the Ministry of the Interior.
- 5.
- Japanese Legation states that they are ignoring the law.
- 6.
- Chinese Foreign Office have refused to give British written assurances regarding nonapplicability of penal clause of press law and of clause relating to registration with Central Party Headquarters. It is our joint opinion that we could not obtain such assurances in writing.
- 7.
- The only sanction which Chinese could apply to the foreign press in International Settlement at Shanghai would be denial of postal facilities and they could do this whether our press registered or not.
- 8.
- In view of information obtained from British and French Ministers I recommend that we do nothing further in this matter [Page 689] for the time being. A full report reviewing case with accompanying documents is being sent by mail.83
Johnson