893.044/7–2944: Telegram
The Ambassador in China (Gauss) to the Secretary of State
[Received July 29—11:20 a.m.]
1313. So-called “Habeas Corpus Act” promulgated July 13 to be enforced August 1 actually “measures for protection of personal liberty and of [apparent omission] writs of habeas corpus”. Measures provide, inter alia, that (1) only agencies authorized by ordinary or special laws may arrest, detain, punish or try persons; (2) persons arrested by mistake or on insufficient grounds shall be immediately released without bail; (3) persons arrested by one agency for another shall be handed over to agency requesting arrest within two days; (4) warrant must be produced and reasons made known to person when arrested and to relatives on inquiry; (5) if arrest related to Diet [military affairs] and if temporary secrecy considered necessary, case may be exempted from limitations of 4; and (6) arresting officers or superiors subject to punishment under law of disciplinary punishment or criminal code for violations of measures.
Habeas Corpus law promulgated June 21, 1935, but not yet enforced, provides for application issuance of writs of Habeas Corpus within specified time limit. Recent meeting of 80 Chungking lawyers protesting illegal detention for 28 days of fellow lawyers are urging early enforcement this law and limitation on jurisdiction of military authorities.