702.0093/4–1449: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received April 14—3:16 a. m.]
611. ReContel 530, April 1. The following note was addressed under date April 12 jointly by French, American, Belgian, Italian, Dutch, British Consuls and Diplomatic Representatives Peiping to Peiping Mayor Yeh Chien-ying:
“We have honor invite your attention to circumstance undoubtedly already known to you that we severally represent in Peiping our respective Governments in capacity Consular Officers. We have during 2 months since occupation this town by Chinese Communist Army been without those usual contacts with local authorities which would make it possible for us to take up direct with those authorities outstanding official matters of importance and our several attempts to establish such contacts through medium of Aliens Affairs Office have been fruitless.
“We therefore send this joint communication directly to you as the responsible local official to whom we should ordinarily address ourselves.
“Although statutes [status of?] Consular office would of course be affected by an international war in which its own country and the country of indication were opposing belligerents, both in international law and practice Consular offices may and usually do continue to perform their regular functions during periods either civil war or revolution. You will be aware that this principle can be supported by ample precedents adduced from records history both in China and many other countries of world. Particularly in view of early public announcements from Chinese Communist side to effect that foreign persons and foreign enterprises in areas coming under Communist control would receive full measure of protection and that they could and should carry on as usual, many of our nationals remained behind in north China to pursue their ordinary vocations. It is understood that the Chinese Communist authorities are not opposed in principle to foreign contacts, whether social or commercial, but your attention is called to circumstance that in practice in Peiping there have developed to date unusual difficulties for both foreign enterprises and foreign officials. The two difficulties are interrelated.
[Page 1078]“Functions Consular officers are part of whole complex of social and commercial relationships which comprehends international travel facilities, business contacts, banking and foreign exchange, international shipping and shipping documents, passports and visas, protection of foreign lives and property, etc. Foreign businessmen and others interested in various types of endeavor in Communist-controlled areas naturally expect receive usual services assistance and advice their representative in area; those representatives are present in north China but to date there are certain facilities which they still lack for full performance of their legitimate functions. Communist authorities in Peiping have, it is true, set up Alien Affairs Office for express purpose handling problems foreign nationals but that office itself states that it is not authorized deal with official matters which might be presented to it by Consular officers. It is to be noted moreover that such offices naturally cannot take place of foreign nationals’ own Consular officials, cannot (as simple examples) issue passports to those foreign nationals, give visas for entry foreign countries, assist in connection with trade and banking international character or report trade opportunities to prospective foreign merchants residing abroad.
“Certain public statements and promulgation foreign trade regulations indicated desire to promote international commerce with north China. Experience shown that international intercourse is generally facilitated where local representatives of parties concerned are in position meet together on normal basis. It may perhaps be felt that inasmuch as local Consulates still are in position have contacts with their own nationals and issue passports, visas and shipping documents where required such arrangement suffice meet needs of situation. Such, however, is not case for Consular establishments generally are accorded certain additional facilities for carrying on their normal functions.
“The main facilities which we now lack are primarily those usual contacts with local authorities which may be required for the performance of our duties and also postal and commercial telegraphic facilities for the confidential communication of the Consular officials with our own Governments, banking facilities for handling official funds and facilities for official travel within our Consular districts. At present there exist certain shortcomings in these several respects. It is in an effort to effect an amelioration of this situation that we now jointly address ourselves to you in regard to the several matters in point. Having reference to what has already been said above regarding legal position of Consular offices, it is noted that only explanation which has been received from local administrative organs for refusing to deal with Peiping Consular establishments in normal way is that Chinese Communist side is without diplomatic relations. We would emphasize at this point that we are assured that Consular function by international law and practice while having to do with such international matters as promotion of trade and intercourse and with such affairs of mutual interest as assistance and protection of nationals residing abroad is quite without reference to question of formal recognition between states which matter is subject for action of national governments.
“It would be much appreciated if your office would take appropriate action in respect to the subject matter of this letter either to end that needed adjustments he made or give us severally or jointly an early opportunity to discuss this whole matter in order that usual social and [Page 1079] commercial interchanges which commonly take place between friendly peoples shall thus be facilitated.
Please accept, Sir, assurances of our high consideration.”
Sent Department, repeated Nanking 381, Canton 50, Shanghai 413, Tientsin by mail.