119.2/6–1149: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received June 11—3:44 a. m.]
990. Retel 161, June 1, from Shanghai70 asking report on tactics used retain radio. Procedure involved several steps. Shortly after issuance order February 2 by Peiping-Tientsin Defense Hdqrs treating inter alia matter radio stations’ operation, this office had Chinese employee telephone to ask them receive me (as Consul General) “on official business”. Hdqrs refused on 2 separate occasions without asking nature of business.
On February 9 in discussion with former member Foreign Office known be in contact with Communists, I brought up question Consular radio, said it functioned under terms pertinent agreement, was used for official purposes only, that I would of course not be in position deliver over Govt property but if local authorities desired discuss matter with me in any of its aspects should be glad do so (Contel 205, February 10 to Dept). Official in question in due course reported back Communists (understood be mayor’s office) had said informally I could [Page 1089] use radio for time being (Contel 216, February 11). I made no subsequent approach Defense Hdqrs.
New regulations were promulgated March 16 governing telecommunications and giving procedure for established radio stations (Contel 437, March 19).
Received visit from representatives Defense Hdqrs only March 21 when they requested that I supply certain information, including whether Consulate possessed “radio station”. March 23, I supplied written statement in affirmative stating incidentally, however, that station “was of course established according to a pertinent agreement” (Contel 462, March 23 to Dept). Despite alarms and excursions, no further approach has been made Consulate in this regard.
In Contel 392, March 11,71 I suggested to Dept possibility Communists permitted continued operation because Soviets might likewise be operating station. Soviet operations still unconfirmed.
Recommend as basic approach this and similar questions that it be assumed Communists do not intend application any promulgated regulations, or ordinances to Consulates unless it is clearly so stipulated or indicated or there is formal communication or visit conveying that information. Reurtel final paragraph, this Consulate’s procedure in similar circumstances therefore would be first to check if possible through reliable intermediary to determine whether Communists interpret provisions regulations as applicable official US Govt radio, otherwise send them official letter regarding matter or await their approach. It may be assumed in first instance they are aware of existence Consulate radio. It may be assumed further that if they desire take action against that radio they will probably proceed to Consulate to take up matter direct. Stipulation in cited regulations possibly refers simply to Chinese Govt and private radio stations and not to foreign govt stations: For one thing, organs foreign govts Communist China are currently “unrecognized”.
For further background reference, express belief Communists are desirous avoiding “incidents” or “cases” involving foreign consulates, especially at present juncture.
Suggest Dept repeat Contel 205, February 10 to Shanghai for reference.
Sent Dept 990, repeated Shanghai 659, Nanking 663.