893.5200/12–1345
The Consul General at Shanghai (Josselyn) to
the Chargé in China (Robertson)7
No. 6
Shanghai, December 13,
1945.
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,
[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
[Shanghai, December 5, 1945.]
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