893.102S/1659: Telegram

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

469. Hankow’s 379, July 27, 5 p.m., in regard to protest against the handing over of an alleged Chinese terrorist by the municipality of the International Settlement to the Japanese authorities.

1.
The Department has received from the Chinese Ambassador at Washington a note verbale dated July 29, 1938,80 stating that the Shanghai Municipal Council had on July 25 handed over an alleged “Chinese terrorist” to the Japanese authorities and that representations had been made to the American and British Embassies in China protesting against this act on the ground that it was not only a violation of the fundamental principles of justice but a flagrant breach of the Shanghai court agreement. The communication adds that the Chinese Government requests that the appropriate authorities of the United States Government take steps to secure the return to the Settlement authorities of the Chinese involved for suitable legal prosecution in the legal tribunal within the Settlement.
2.
Please communicate to the appropriate Settlement authorities, without comment thereon except possibly as indicated in paragraph 3 hereof, the information contained in paragraph 1.
3.
Although your 1042, July 28, 10 p.m.,81 indicates that the Chinese concerned was a member of a terrorist group and had a bomb in his possession, it does not indicate that he had in fact committed an offense against armed forces in the International Settlement. If the Department’s assumption is correct that no offense against armed forces in the International Settlement has been established against the Chinese concerned, you may, in your discretion, bring this point to the attention of the appropriate municipal authorities.
4.
The Department is informing the Chinese Ambassador that the information contained in his note verbale is being transmitted to you [Page 137]with the request that you make an appropriate approach to the Settlement authorities, informing them of the Chinese Government’s attitude.

Repeat to Hankow.

Hull