800.0146/5–945: Telegram

The Ambassador in China (Hurley) to the Secretary of State

747. Following is text of “draft agreement” (Embassy’s 746, May 9, 5 p.m.):

Upon the liberation of any Chinese territory (including those territories which should be restored to China in accordance with the Cairo declaration8), by the Chinese, American and British forces, whether acting separately or jointly, the handling of all matters in such territory relating to military operations shall be the responsibility of the highest military authorities of the liberating forces, while officials despatched by the Chinese Government shall immediately assume full responsibility for all administrative affairs.
The officials despatched by the Chinese Government shall do everything in their power to help supply the needs of the military authorities in the prosecution of the war.
In order that the fullest collaboration may be maintained between the military authorities and the Chinese administrative authorities, the Chinese Government shall appoint special military representatives to be stationed at the headquarters of the military authorities of the liberating forces. If any measures are regarded by the military authorities as necessary to the prosecution of the war, they shall consult the Chinese Government’s special military representatives, and the latter, after having concurred in the proposed measures, shall order the Chinese local officials to carry them out.
All judicial cases shall be handled in accordance with the Chinese-American agreement on military jurisdiction. The military personnel of the Allied nations shall be subject to the jurisdiction of their respective military courts. All Chinese nationals shall be under the jurisdiction of the Chinese Government.
Detailed regulations governing the enforcement of this agreement shall be drawn up in accordance with the principles of this agreement.

  1. Declaration by President Roosevelt, Generalissimo Chiang Kai-shek, and British Prime Minister Churchill, released to the press by the White House, December 1, 1943, Department of State Bulletin, December 4, 1943, p. 393; also Foreign Relations, The Conference at Cairo and Tehran, 1943, p. 448.