701.0093/0–1549: Telegram

The Ambassador in China ( Stuart ) to the Secretary of State

1292. British Ambassador has drawn up and circulated among Commonwealth colleagues his résumé situation in which chiefs of mission find themselves as result failure plan for concerted representations on privileges and immunities (ref Embtel 1275, June 13, repeated Canton, Shanghai). Summary of résumé as follows:

1.
Powers will not withdraw recognition from Nationalists until recognizable successor government exists, since UN Security Council cannot function without Chinese member.
2.
Powers desire act in concert and with caution.
3.
Powers will consult first with Nanking envoys and therefore must ultimately recall them.
4.
If envoys not recalled their presence in China embarrassing to powers while question recognition under debate.
5.
As new government will not be constitutional successor to old, new agreements will be necessary. Powers desiring reappoint present envoys will scarcely wish envoys remain China while new government [Page 758] debating their acceptability. Such envoys cannot be expected ask for own agreements and risk refusal.
6.
If senior officers now Canton do not accompany Nationalists to Chungking, retention chiefs mission at Nanking may appear abandonment neutrality. Nevertheless can be argued chiefs should not leave Nanking until Nationalists leave Canton.
7.
So long as powers continue recognize Nationalists, Communists will refuse even de facto relations and ignore Diplomatic Corps.
8.
Nanking no longer capital and missions comparatively isolated. Without confidential telegraph and courier service their usefulness doubtful.
9.
Although no official declaration made, Communists by acts and informal statements indicate no intention accord diplomatic immunities or prerogatives. For time being position of Corps is undignified but still tolerable.
10.
All objectives envisaged by retention heads of mission at Nanking have been attained or are now no longer attainable merely by continuing retain heads here.

British Ambassador concludes points 3 to 10 inclusive must all be considered in determining date of recall. Envoys now can do no more than clarify for their governments situation in respect immunities, telegraph and code service and other prerogatives. Until such clarification obtained powers cannot well determine whether envoys should be left in position outlined points 7, 8 and 9. Immediate clarification therefore desirable but negative Communist response would of course not be deciding factor in powers’ final decision. Certain envoys desire side-step issue in belief negative response would compel their governments to act precipitately in recalling them immediately. This view sufficiently well-founded to make concerted action all heads of mission impossible and British Ambassador concludes proposal must therefore be dropped.

Repeated Canton 539, Shanghai 703.

Stuart