The Ministry of Foreign Affairs presents its compliments to the American
Embassy and has the honor to state that in the matter of exercising
exclusive jurisdiction by the service courts and the authorities of the
military and naval forces of the United States over criminal offenses
committed by members of the armed forces of the United States in China, the
Ministry has received from the Executive Yuan a copy of the Regulations
Governing the Handling of Criminal Offenses Committed by Members of the
Armed Forces of the United States in China.
The Ministry has the honor to enclose, for the Embassy’s information, a copy
thereof.
[Enclosure—Translation]
Regulations Governing the Handling of Criminal
Offenses Committed by Members of the Armed Forces of the United
States in China, Promulgated October 1, 1943
Article 1. With a view to facilitating the united
waging of the war and on the basis of reciprocal spirit the Government
of the Republic of China hereby extends the adjudication of criminal
offenses committed by members of the armed forces of the United States
within the territory of China to the service courts and the authorities
of the military and naval forces of the United States. These cases shall
be handled in accordance with the provisions of these Regulations.
Article 2. Jurisdiction over criminal offenses
committed by members of the American armed forces in China shall be
exercised by Chinese courts in the event that the service authorities of
the Government of the United States notify the Chinese Government of
their consent that the cases be so handled.
Article 3. The term “members of the American
armed forces” used in these Regulations refers to those who, according
to American law, are under the jurisdiction of the Army or Navy of the
United States. The term does not include Chinese nationals serving with
the American armed forces and nationals of third Powers or persons
without nationality who are employed in China by the American armed
forces.
In order to prove their identification, members of the American armed
forces shall exhibit documentary evidence showing that they are at that
time under the jurisdiction of the army or navy of the United
States.
Article 4. The provisions concerning adjudication
stipulated in Article 1 do not, under the Chinese law, affect the right
of questioning, arresting, detaining, searching, attaching or
investigating members of the United States armed forces who have
committed criminal offenses or who are suspected of having committed
criminal offenses.
When it is found that members of the American armed forces have committed
or are suspected of having committed criminal offenses, the American
military or naval authorities concerned should immediately be notified
of the facts of the offenses or of the suspected offenses and the
offenders should be handed over to such authorities for action.
Article 5. Chinese courts or organization
concerned may request copies of the judgments which have been handed
down by the American service courts or military or naval authorities in
China to members of the American armed forces in China and may, prior to
the rendering of a judgment, makes inquiries as to the status of a
case.
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Article 6. No person shall, when acting with good
intentions, be held civilly or criminally responsible under these
regulations for his conduct toward an enlisted man or officer of the
United States armed forces if, at the time, he did not recognize the
military status of the enlisted man or officer.
Article 7. These regulations shall be put into
force from the date of promulgation and the period of validity thereof
shall be terminated six months after the conclusion of the united
war.
