123 Ward, Angus I.: Telegram
The Acting Secretary of State to the United States Representative at the United Nations (Austin)
592. From Rusk.56 Fol is factual situation on ConGen Angus Ward:
ConGen Ward and entire staff of ConGen Mukden have been denied freedom of movement and under strict guard by Chi Commie auths since Nov 18, 1948 at which time all their communications with outside world were cut. Since July 1949 Commies have permitted ConGen limited en clair telegraph facilities, but msgs inevitably delayed and many undelivered. Ward and four other staff members were removed by local police from Cons premises on Oct 24, upon basis alleged assault by Ward and other staff members on Chi employee. ConGen Peiping on Nov 3 made written representations high Commie officials Peiping on subject. Ward and others apparently still held in jail incommunicado, our Vice Consul Mukden having repeatedly been denied interview with Ward. Msg just recd states ConGen Peiping has now held one telephone conversation with Vice Consul Mukden who stated still has recd no info from Ward and rest of personnel. No knowledge when trial of jailed personnel contemplated by Commies will take place.
US Govt prepared to use all available pressure in effort to free Ward and colleagues. If forthcoming GA57 debate on China gives rise to request from Chi Commie auths to send representatives to Lake Success, US Govt wld be faced with most serious difficulties if at time of Chi Commie request for visas Angus Ward and colleagues are still being held in gross violation elementary principles internatl comity. We do not wish to raise technical legal questions of applicability of agreements with UN re persons travelling on UN business nor to try to decide now the degree of misconduct which wld warrant US refusal of visas. We can anticipate very practical problem arising from fact that public feeling in this country is rapidly mounting over Angus Ward situation and that it wld be most difficult for US Govt or UN to [Page 1008] make satisfactory arrangements for safe conduct and personal safety of Chi Commie representatives while Ward and colleagues are still being held.
I believe we have an obligation to SYG58 to inform Mm quite confidentially of this anticipated difficulty in order that the event will not catch either him or us by surprise. In discussing it with SYG, I suggest you not raise the legal problem and that if he raises it you reply merely that you are not trying to provide an answer to the legal problem but merely to apprise him in advance of what might be a troublesome situation.
I do not suggest that you ask SYG to take any action although he may himself decide to try to forestall such situation by finding way to urge release of Ward and others. [Rusk.]