Foreign Relations of the United States Diplomatic Papers, 1938, The Far East, Volume IV

893.811/1002: Telegram

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

Shanghai, August 22, 1938—7 p.m.
[Received August 23—8:05 a.m.]

1152. My 900, June 25, 10 a.m., and Department’s 407, June 29, 3 p.m.

1. The British Ambassador, the British Consul General, the Inspector General of Customs²⁸ and I conferred with the French Ambassador at the latter’s invitation on the status of Whangpoo Conservancy. It was agreed that the British and French Ambassadors and myself would report to our respective Governments on the advisability of bringing the present situation vis-à-vis the Conservancy works to the attention of the Japanese Government at Tokyo through the concerned Ambassadors there. It was agreed among us that the British Ambassador would submit a draft note which, if approved by our respective Governments, would be sent to the British Ambassador at Tokyo for presentation to the Foreign Minister. A copy of the draft note has been received by me today and its substance is as follows: After inviting the Foreign Minister’s attention to the position which has arisen at Shanghai in connection with the Whangpoo Conservancy Board, a brief historical résumé is made of the Whangpoo Conservancy work and the agreements relating thereto are cited, especially the pertinent article in the protocol of 1901²⁹ and the special Whangpoo Conservancy Agreement of April 9, 1912.³⁰ The composition of the Whangpoo Conservancy Board and the Whangpoo Conservancy Consultative Board is described and it is stated that 80 per cent of the Conservancy donors, which defray the cost of Conservancy work, are paid by foreign shipping companies. It is said that “the international status of the Whangpoo Conservancy Administration is clearly revealed by the above facts”. Reference is not [then?] made to the presentation by the Japanese Consul General to the Commissioner of Customs of a memorandum containing terms upon which the Japanese authorities would permit Conservancy Board to resume operations. (See my despatch 1509, June 22, 1938.)³¹ The right of the Japanese military and naval authorities to interfere in any way with the Whangpoo Conservancy Board or to impose any conditions whatsoever for the resumption of these operations is denied by the British Government. The international character of the Whangpoo Conservancy Board is emphasized and it is pointed out that the existent representation on the Consultative Board and in the custom administration which is so closely [associated with] Conservancy should be a sufficient guarantee that Japanese interests will be fully safeguarded. The Japanese Government is requested to arrange for the immediate release of the Board’s property and for the unconditional resumption by the Board of the work with the Conservancy. The French Ambassador has given his approval to the British draft note.

2. I recommend that Ambassador Grew be instructed to make representations in this matter substantially in accord with those made by his British and French colleagues after consultation with them.

Repeated to Chungking and Tokyo. By mail to Peiping.

Lockhart

28. Sir Frederick W. Maze.
29. Signed at Peking, September 7, 1901, Foreign Relations, 1901, Appendix (Affairs in China), p. 312.
30. John V. A. MacMurray (ed.), Treaties and Agreements With and Concerning China, 1894–1919 (New York, Oxford University Press), vol. ii, p. 954.
31. Not printed.