751.93/3–146: Telegram
The Counselor of Embassy in China (Smyth) to the Secretary of
State
Chungking, March 1, 1946.
[Received March
2—11:19 a.m.]
405. Sino-French treaty for relinquishment of extraterritoriality and
related rights in China and Sino-French agreement concerning Indochina
signed at Chungking on February 28, 1946 by Minister of Foreign Affairs
and French Ambassador.22
Central News Agency reports that the provisions of the treaty for
relinquishment of extraterritoriality and related rights are basically
similar to Sino-American and Sino-British treaties of January 11,
1943.
Central News Agency reports main provisions of agreement concerning
Indochina as follows:
- “(1) Chinese nationals in Indochina shall continue to
enjoy these rights, privileges, and exemptions traditionally
enjoyed by them. Taxes paid by them shall not be heavier
than those paid by the nationals of Indochina. In matters
relating to legal proceedings and the administration of
justice Chinese nationals in Indochina shall be accorded the
same treatment as in [is] accorded to
French nationals.
- (2) The French Government agrees to provide all necessary
facilities at Haiphong for the free transit of Chinese
goods. Chinese goods transported on the Yunnan-Indochinese
railway from the Yunnan-Indochinese border to Haiphong shall
be exempted from customs duties. Chinese goods transported
on all railways in Indochina shall be exempted from all
transit dues or taxes.
- (3) The Sino-French agreement of 1903 concerning the
Yunnan-Indochinese railway is hereby terminated. The
ownership of that section of the railway from Kunming to
Hokou shall be transferred to Chinese Government. The French
Government shall advance the fund for its redemption, which
shall be reimbursed in so far as is recoverable from
Japanese reparation to be claimed as compensation for the
material losses sustained by the Chinese Government and
merchants in Indochina as a result of the disruption of the
Yunnan-Indochinese railway and the closing of Haiphong port
in June, 1940, clue to Japanese intervention. The French
Government will cause to be submitted to the Chinese
Government in the near future a
[Page 31]
scheme for the improvement of railway
communications between Yunnan and Indochina.”
Same agency reports that exchange of notes concerning Chinese forces in
Indochina provides for assumption by French command of responsibility
for guarding Jap prisoners, maintenance,
of peace and order, and protection of Chinese nationals north of 16
degrees north latitude and for withdrawal of Chinese forces not later
than, March 31, 1946.