893.52/379
The Ambassador in China (Johnson) to the Secretary of State
[Received February 10.]
Sir: I have the honor to refer to Despatch No. 86 of December 24, 1935, from the Consulate General at Canton to the Embassy22 on the subject of the acceptance by American land holders at Canton of new title deeds issued through the instrumentality of a special investigation office opened on Shameen last summer, a copy of which despatch was sent directly to the Department, and to enclose for the Department’s information a copy of the Embassy’s telegram of January 8, 6 p.m.,22 authorizing the filing of a formal protest. Similar action was taken simultaneously by the British Embassy.
The Department will note that the new title deed differs considerably from the land ownership certificate issued at Shanghai (see Shanghai’s despatch to the Legation No. 6804 of February 19, 1931, for text22), upon which the Consulate General at Canton was led to believe it would be based. It would be more accurate to state that, in spite of assurances given to the contrary, the new title deed is based upon obnoxious Articles 55 and 56 of the Kwangtung Land Regulations (see Legation’s despatch No. 1649 of July 27, 1932, for text22) since Articles 3 and 4 of the regulations quoted in the deed (see Legation’s dispatch [Page 654] No. 1023 of June 10, 1931, for text of those regulations23) provide for a procedure which is almost identical with that specified in Articles 55 and 56 aforementioned. The deed as it now stands is not satisfactory on account of the restrictions placed upon the transfer of land, and Consul General Spiker24 was accordingly authorized by the Embassy to file a formal protest as outlined on page 8 of his despatch No. 86 of December 24.
The British and American Consulates-General at Canton have made every effort to cooperate in liquidating a highly unsatisfactory land situation at Canton. The failure to obtain the desired results must be laid partly to the general confusion that exists throughout China in regard to land matters… However, it may be expected that two benefits will result, namely, foreigners who have thus far not been able to get deeds stamped in the past will have the required documents albeit they may not be satisfactory in every respect, and, those who have obtained new deeds can no longer be refused building permits, et cetera, on the grounds that title deeds are not in order.
Respectfully yours,