893.76/20
The Minister in China (Johnson) to the Secretary of State
[Received April 21.]
Sir: I have the honor to enclose a copy of despatch No. 456, February 17, 1934, from the Consul General at Hankow,56 in regard to the demand of the Chinese authorities that an unlicensed radio station [Page 626] operated by the Reverend R. J. Mueller, an American citizen, at Shihnan, Hupeh, an interior point, be dismantled.
The Consul General says that Mr. Mueller does not possess a license from the Chinese authorities to operate the station in question, and that he does not know of any sound ground upon which he could properly object to the demand of the Chinese authorities that Mr. Mueller dismantle his radio station. Subject to the Legation’s approval, he proposes, therefore, to inform the Reverend Mueller that the Chinese have demanded that he dismantle his station and that he should do so unless he can obtain a license from the Chinese Government covering his station.
The Legation has given careful consideration to the problem presented by this demand of the Chinese authorities, but prefers to have the previous approval of the Department before issuing the instructions requested by the Consul General at Hankow.
The resolution regarding radio stations in China, signed at Washington, February 1, 1922,57 provides inter alia that “In case there be any radio station maintained in the territory of China by a foreign government or citizens or subjects thereof without the authority of the Chinese Government, such station and all the plant, apparatus and material thereof shall be transferred to and taken over by the Government of China, to be operated under the direction of the Chinese Ministry of Communications upon fair and full compensation to the owners for the value of the installation, as soon as the Chinese Ministry of Communications is prepared to operate the same effectively for the general public benefit.”
While the above article would appear to give the Chinese Government authority under certain stipulated circumstances to take over and operate any foreign-owned radio station upon fair compensation, the Legation does not believe that an amateur radio station such as that under discussion could properly be considered as having been contemplated by that article.
Article 2 of the “General Regulations Annexed to the International Radiotelegraph Convention” signed at Washington November 25, 1927,58 and to which China is a party, provides “No radio transmitting station shall be established or operated by an individual or by a private enterprise without special license issued by the Government of the country to which the station in question is subject.”
Under the terms of the above article, the American authorities would appear to be the only ones competent to license the amateur station in question so long as the extraterritorial treaties remain in [Page 627] force. As the Legation has no other information upon the subject, and as it is aware of no legislation authorizing any American authority to license amateur radio stations in China, it is inclined to instruct the Consul General at Hankow that he should refrain for the time being from suggesting to the Reverend Mueller that he dismantle his station.
The Legation has been unable to discover any law of the National Government prohibiting, regulating, or licensing the installation and operation of amateur radio stations in China, though the rules governing the Radio Administration of the Ministry of Communications indicate that a system of licensing private stations was contemplated.
Subject to the Department’s approval, therefore, the Legation proposes to instruct the Consul General at Hankow to refrain from suggesting that the station in question be dismantled, but in his discretion to reply to the Special Inspector for Foreign Affairs with a request that he be informed regarding the laws of the National Government which prohibit such amateur stations in order that he may be able to give further consideration to the Inspector’s request that the station operated by the Reverend Mueller be dismantled.
In its endeavor to ascertain the extent of Chinese laws or regulations upon this subject, the Legation directed the Counselor of Legation at Nanking to request the appropriate Chinese authorities to supply him with the text of any existing law or regulation of the National Government governing the licensing or prohibition of amateur radio stations.
In a telegram of March 19, 11 a.m., Mr. Peck59 replied that the Foreign Office had informed him that the Ministry of Communications was unable to discover any laws or regulations governing amateur radios, and that Vice Consul Buss,60 in a conversation with the Director General of Telephones and Telegraphs received the impression that there are no Chinese laws forbidding, regulating, or authorizing amateur radios for sending or receiving communications.
Respectfully yours,
- Not printed.↩
- Foreign Relations, 1922, vol. i, p. 293.↩
- For text of convention, see ibid., 1927, vol. i, p. 288; for text of the general regulations, see 45 Stat. 2760, 2779, or Department of State Treaty Series No. 767.↩
- Willys R. Peck, Counselor of Legation and Consul General at Nanking.↩
- Claude A. Buss, former Vice Consul at Nanking (resigned January 28, 1934).↩