893.00/11–1248: Telegram
The Acting Secretary of State to the Ambassador in China (Stuart)
1617. Ur 2177, Nov 12. Dept does not believe Kunming asylum case should be considered precedent as conditions wholly different from those which may obtain Nanking or various Consulates China in event threat Comm occupation. As Emb aware, Wen I-to assassinated under circumstances suggesting instigation or complicity on part local authorities, and asylum granted by Consulate on basis lives refugees in danger and appeal to local authorities futile. Following receipt suitable guarantees of protection from local govt, concerned persons departed Consular premises.
In event threat Comm occupation Nanking becomes imminent, Dept believes it inevitable Emb will receive numerous requests for asylum from ChiGovt officials and civilians who recalling Kunming case may consider Emb asylum preferable to flight. However, once asylum granted Emb would find it extremely difficult release such persons to mercies local Comm authorities as such persons would then be under additional suspicion for having sought refuge with Americans. Moreover, Comm authorities might present Emb with demand to surrender refugees and, if demand refused, might seek to remove refugees by force thus jeopardizing Emb personnel and complicating relations with Comm authorities in protection of American interests, particularly if circumstances such Chinese Comm authorities not at that time recognized by US as legal successor to present govt.
[Page 888]Dept also of opinion absence clear cut stand on asylum issue by Emb in advance emergency situation might lead to belief on part certain officials they could defer making their own plans and depend on asylum by Emb on “life or death” basis in event overtaken by Comms.
Emb should therefore make clear to prominent Chinese and Govt officials who may inquire that USGovt does not recognize or subscribe to doctrine of asylum as part of international law, and that FonServ establishments are enjoined by regulation (FSR 101.845) not to extend asylum to persons outside their own official or personal households.
It is not Dept’s intention in outlining above completely prohibit Emb from granting temporary asylum in extraordinary circumstances and in discretion Amb, but Dept wishes avoid such a contingency. Accordingly, Emb should avoid giving any impression such discretionary authority may be exercised and should consistently refrain from giving any hope of asylum.
Emb should circularize concerned Consulates in above sense.