893.5200/10–1349: Telegram
The Consul General at Peiping (Clubb) to the Secretary of State
[Received October 14—9:20 a. m.]
1738. ReDeptel 648, September 20.30 Consuls in meeting October 12 again agreed, particularly against background establishment Peiping new government and its bid for recognition, refrain from action re registration government property presently occupied by Consulates on following ground 1) regulations applicable “aliens” (foreign persons), 2) question status particular property in question is one concerning foreign governments and Communists to date evidently unwilling deal with matters concerning governments which have not recognized them and 3) status same property as defined not in title deeds of interest local land bureau but in international treaties validity which per Communist statements is subject study.
Another suggestion was brought forward in meeting proposing that Consulates might, if they had opportunity, meet with authoritative [Page 1112] representative People’s Government, set forth their position that regulations presumably inapplicable Consulates’ property. It was however generally agreed probably better let matter rest in present status on basis assumption Communists probably undesirous now discussing matter and would not desire make trouble for Consulates at this period when they have bid for recognition.
Action taken by private persons register property according new regulations to date discovers Communists apparently have undertaken only first step of matter, that is, ascertaining foreign real property holding (note similarity re registration foreign nationals, still unpossessed of residence certificates, which incidently unrequired re land registration despite regulations). Note length time taken get matter under way under Kmt rule and note further Communists have technically called into question treaties on which rights beneficial ownership based and at same time have presumably abrogated land law as well as other law codes. Matter will undoubtedly go forward only slowly. Because of absence from Peiping various owners, unrepresented here and sometimes even whereabouts unknown, and possible existence title claims unknown Consulates, it would seem desirable for this office make some statement to land bureau reserving rights unknown owners. Of course, doubtful whether bureau would accept but mere approach would be matter record. Please instruct.
- Not printed, but see footnote 18, 1107.↩