893.5200/12–1345

The Consul General at Shanghai (Josselyn) to the Chargé in China (Robertson)7

No. 6

Subject: Provisional Procedure Governing Adjustment of Registration of Land Held Under Perpetual Leases or Consular Deeds.

Sir: With reference to my despatch no. 3, dated November 22, 1945 on the above subject, I have the honor to transmit herewith copy of the Chinese text and translation of the reply from the Mayor, dated December 5, 1945, to the communication which I addressed to him on November 22 (enclosure no. 4 to my despatch of November 22). It will be noted that the Mayor states that the “certificate of other right” refers to the right of lease in perpetuity and is not intended to cause diminution of the existing rights or titles of American citizens.

Respectfully yours,

Paul R. Josselyn
[Enclosure—Translation]

The Chinese Mayor (Chien Ta-chun) and Deputy Mayor (Ho Te-k’uei) of the Shanghai Municipal Government to the American Consulate General

Sirs: We have the honor to acknowledge the receipt of the Consulate General’s note of November 23 [22], 1945, stating that the Provisional Procedure of the Bureau of Land Administration of the Municipality of Shanghai governing re-registration of land held under perpetual leases or consular title deeds has been promulgated and appears to be inconsistent with the provisions of Article IV of the Treaty between [Page 1313] China and the United States for the relinquishment of extraterritorial rights in China and the regulation of related matters.

In reply we have the honor to state that the provisions of Article IV of the Treaty between China and the United States for the relinquishment of extraterritorial rights in China and the regulation of related matters are principally intended to guarantee that existing rights or titles to real property in territory of the Republic of China possessed by nationals, or by the Government, of the United States of America, shall be indefeasible and indimi[ni]shable. As regards whether or not existing documents shall be replaced by new deeds of ownership and as to the procedure of issuance of such replacement documents, it is doubtless to say that action shall be taken in accordance with the existing laws and ordinances of China.

Article 2 of the Provisional Procedure governing re-registration of land provides that the lessees shall apply for registration of leases and that their documents shall be replaced by certificates of other rights, on the basis of which they may exercise their rights. The term “certificate of other right” refers to the certificate of right of lease in perpetuity and is definitely not intended to cause diminution of existing rights or titles of American nationals nor can it be interpreted as such. Therefore, it is not in contravention of the spirit of the Treaty.

We have the honor to make this reply for your information.

(Rubber Stamps)
Chien Ta-chun
Ho Te-k’uei
  1. Copy transmitted to the Department by the Consul General in his despatch No. 42, December 13, 1945; received January 7, 1946.