123 Olive, William M.: Telegram
The Consul General at Shanghai (Cabot) to the Secretary of State
[Received July 9—1:38 p. m.]
2679. Re ConGentel 2677 to Department; repeated Nanking 1496. Following is continuation McConaughy interview with Feng of Foreign Affairs Bureau.
Maltreatment of Vice Consul Olive. Turning to case of detention incommunicado, reported beating Vice Consul William Olive, McConaughy outlined story which Consul General had pieced together from fragments information obtained various private sources. McConaughy made it clear no complete or authoritative account of incident could be given authorities because of their own conspicuous omission to notify Consulate General of incident and give its officers access to Olive and to witnesses. McConaughy said investigations were started by Consulate General at about 11:30 p. m. July 6 when Olive had been missing for about 10 hours. Consulate General had received apparently well-founded unofficial reports Mr. Olive had been severely beaten at Wayside police station after being brought there for minor traffic infraction. McConaughy remarked that refusal of authorities to allow Consulate General to communicate with Olive, concealment of nature of charges, refusal to permit food for him to be brought in from outside and denial of medical attention were all gross violations of international law and usage and well below recognized minimum standard of conduct expected of every member of family of nations.
Feng asked if Mr. Olive was a former American Vice Consul. McConaughy replied that he was an American Vice Consul. Feng said he must be considered as former Vice Consul. Feng asked on what basis McConaughy interceded on Olive’s behalf. McConaughy replied he was doing it as a representative of American Government and as an office associate and friend of Mr. Olive’s and that Mr. Feng could take his choice of capacity in which he wished to view McConaughy. McConaughy told Feng Olive was an employee of US Government which Mr. Feng in discussing siege case had admitted was still in existence. McConaughy urged he be given an official statement of charges preferred against Mr. Olive. Feng referred to official Communist version of case which appeared in Liberation Daily News for July 8. McConaughy asked if it was to be taken as authoritative. Feng said it was merely a newspaper report. McConaughy then said reply was not responsive to his request and again urged he be given official statement concerning case.
Feng said McConaughy was going beyond his prerogatives as friend of Olive’s; that McConaughy could not be given any information concerning case; no outsider could assist Mr. Olive and no one but Olive [Page 1218] would be informed at this time of exact nature of charges. McConaughy expressed dissatisfaction with answer and reiterated request for official information and right access to accused. Feng said he was unable to comply because matter was exclusively within police jurisdiction; furthermore, he did not know case. McConaughy inquired if it would be fruitful for him to return in afternoon to obtain a reply after Mr. Feng had had an opportunity to investigate case. Feng said this would not be necessary as Mr. Olive had committed a certain offense as a private American citizen and would be dealt with by police without intervention of Foreign Affairs Bureau. McConaughy said Consulate General was greatly disturbed by rumors Mr. Olive had been severely beaten by police; that report increased urgency of request for access to Olive on humanitarian grounds. It was quite possible Olive might need medical care which it was known police stations were seldom able to provide. Feng asked where McConaughy heard rumors that Olive had been beaten. McConaughy said report had come to Consulate General from anonymous sources so persistently and circumstantially it must be given some credence. Feng said rumor should not be credited; that police regularly give very good treatment to persons detained by them. McConaughy asked for official confirmation or denial report Olive had been beaten. Feng said he did not have information on this.
McConaughy mentioned articles 1 and 6 of treaty January 11, 19439 providing that jurisdiction Chinese Government over nationals of US is to be in accordance with principles of international law and practice and that consular offices should be informed whenever their nationals are under detention or arrest or in prison or area waiting trial and shall thereupon be permitted to visit such nationals; and that US nationals shall have right at all times to communicate with consular officers; and that such communications from nationals under detention, arrest or in prison should be forwarded to consular offices by local authorities. McConaughy reminded Feng that this treaty was not included among so-called “treaties of national betrayal” listed by Mao Tse-tung, therefore he presumed it was acceptable to Communists and would be considered binding by them. Feng said it was an “old treaty” and was null and void since it had been negotiated with Kmt. McConaughy asked if all “old treaties” as Feng termed them were considered abrogated. Feng replied yes, any treaty not negotiated by Communist authorities was dead letter unless ratified by Communist Government. McConaughy remarked this slant on treaties had far-reaching implications. He said as to 1943 treaty, if present regime re pudiated obligations of treaty, it was not entitled to benefits China derived from treaty which included relinquishment of extraterritorial rights by US Government. Feng said since China was sovereign state, [Page 1219] Communist Government considered that extraterritoriality was illegal from outset and Communist Government did not depend on treaty for its abolition.
McConaughy brought up abusive treatment received by Consul Chase and Attaché Supple when they visited Wayside police station July 7 in effort to see Olive. McConaughy pointed out they were on humane mission, acted correctly and did nothing to warrant threats, insults, rebuff and lecture which they received. Feng said if Chase and Supple had any complaints to register they would have to file them personally with his office.
McConaughy said ranking authorities of present regime in China had indicated desire to establish friendly relations with foreign states. If two cases complained about were representative of manner in which new regime would meet its obligations, serious barriers to establishment of mutually beneficial working relations might be created. Feng said General Mao Tse-tung stated diplomatic relations between China and any foreign country would be founded on basis of equality and that foreigners would have to accord equal treatment Chinese. McConaughy said he believed Chinese were receiving equal treatment in US but in Shanghai some foreigners clearly were not receiving equal treatment; there appeared to be systematic campaign to humiliate foreigners. Feng asserted foreigners were receiving equal treatment and there was no truth to charge that campaign was afoot to humiliate foreigners. McConaughy said he hoped henceforth foreigners would receive fair treatment. Feng insisted they had received fair treatment since Communist takeover. Without arguing point McConaughy repeated he hoped foreigners would receive fair treatment. McConaughy said he wished to use statement for record. He hoped Mr. Feng would take careful note of it and that it would be passed to highest Communist authorities. He then said that under instructions from competent American authorities he was lodging an emphatic protest over maltreatment of Vice Consul Olive and condoning by authorities of lock-in of Consular staff in Consular building. The Government of US took extremely serious view of both these cases. Local regime was considered to have flagrantly violated obligations inescapably assumed by it when it took over government of this city. Disregard of international obligations and basic human rights by this regime could not fail to be noted with apprehension in many foreign capitals where the record of new regime in North and Central China was under close scrutiny. Feng said since there were no diplomatic relations between US and China, he was not prepared take note of these words. (However, his stenographer took statement down verbatim and emphasis and solemnity of statement clearly were not lost on Feng.) Feng then said statement read into record by McConaughy would be transmitted to highest Communist [Page 1220] authorities but only as personal views of McConaughy. Feng courteous throughout, maintained slightly quizzical set smile which masked his undoubted realization of seriousness of issues he was required to dodge by mouthing party line clichés.
Sent Department 2679; repeated Nanking 1498.
- Department of State Treaty Series No. 984, or 57 Stat, (pt. 2) 767, 768, 770.↩