396.1 GE/6–1554: Telegram
No. 214
The Under Secretary of State
(Smith)
to the Department of State1
niact
Secto 445. Johnson met third time this morning with Wang Pingnan of Chinese Communist delegation on subject detained Americans. Following is summary of 90-minute meeting:
Referring to questions raised by Johnson at last meeting (Secto 428)2 Wang gave following replies:
- 1.
- Relatives of imprisoned Americans may send small packages to them.
- 2.
- Military personnel who have been imprisoned because of violation of Chinese territorial air can carry on correspondence with families and families may send small packages to them.
- 3.
- Delivery of letters and packages to civilian and military prisoners will be handled by “National Red Cross Society of China, Peking”.
- 4.
- Sentences passed on lawbreaking foreign nationals, including American nationals and military personnel, are based on crimes committed. If prisoners have record good behavior, authorities will consider commutation of sentences or early release.
- 5.
- List of Americans handed Communists last meeting being checked and when results of investigation received, Communists will notify us.
In response Johnson question re size and contents packages for prisoners, Wang replied as to size could be any size within limitations normally accepted by post office. As to contents no restriction except items banned under postal regulations, such as poisons, drugs, etc. Wang then launched into statement re Chinese students in US main burden of which was that large proportion 5000 students in US long to return China reunite with families but unable to do so because of obstructions. Cited letters to applicants for exit permits denying permission leave and stipulating $5000 fine or imprisonment if attempted to leave. Alleged passports taken from students. Said result mistreatment students denied permission leave, others did not dare apply. Pointing out students not guilty of anything Wang requested US Government release detained Chinese students and restore their right return China. Said all Chinese nationals residing US should enjoy right return their motherland.
Johnson replied, giving facts re treatment detained students. Stressed fact 120 detained in accordance regulations and laws US, [Page 469] citing legal authority. Pointing out some of those originally denied permission leave now settled down in States and no longer desired leave, Johnson suggested Communists give lists Chinese students they believe being detained and offered investigate. Furthermore, in cases where students still desire return, offered recommend urgent reconsideration their cases in accordance applicable laws and regulations in light urgent discussions here.
Emphasizing Johnson admitted detention Chinese students, Wang alleged students have been ill treated, harassed and imprisoned. Cited 5 specific cases Chinese who had been imprisoned or arrested. (Details follow separate cable to Department.)3
Wang then went on to expound thesis that reason only 434 students applied exit permits from 1950 to present was that denial of permits to 120 and their ill treatment during period had discouraged other students from making applications. Wang said Chinese Communist policy very different from American since Chinese Communists allowed Americans freely depart, except those involved civil and criminal cases, whereas we detained Chinese who had done nothing wrong. Wang also said could not agree Johnson statement Chinese formerly wish depart now settled down, stating Chinese had gone to States to study and return China and had only gotten jobs as last resort because their desire return China being curbed by US policy. With reference Johnson suggestion Chinese Communists submit list detained Chinese students, Wang said fact we had submitted list Americans detained China showed latter able communicate with us, but since Chinese students in US afraid express their own will (because immigration office after them), Wang unable supply list of them.
In reply Wang’s statements, Johnson said it would be fruitless debate respective policies concerning aliens as doubted would convince each other. He had purposely refrained from discussing mistreatment US nationals in Communist China. He had refrained mentioning cases such as Americans who died in prison unknown to us until many months later. He had avoided this kind of discussion in order facilitate progress meetings.
Said Wang thesis seemed to be that when US detained Chinese in accordance US laws this was putting pressure on Chinese in US, but when Americans prosecuted under laws Communist China, this was giving Americans in China complete freedom. He categorically rejected Wang’s allegation that Chinese in US whether in prison or out not free to communicate with Communist China or any other place. Pointed out that in no case had American imprisoned in Communist China been able communicate with anyone in US. Our [Page 470] list based on information received from persons leaving mainland China and collated from other sources at great expenditure effort. It not based on direct information from prisoners. He gratified, however, that relatives and prisoners would now be able communicate with each other and prisoners could receive parcels.
Johnson then said Wang apparently requesting US change its laws and regulations governing departure aliens. We could not accept this any more than we would expect them change their laws, which we had not requested. Johnson recalled he had asserted we willing look into cases Chinese students detained in states and we prepared carry this out. As to five cases of alleged imprisonment by Chinese in US cited by Wang, if Chinese had been imprisoned it was entirely in accordance with US law and they accorded full protection US laws. Said he knew of no Chinese now in jail but would be glad to have information if Wang knew of any. Again citing uselessness debating generalities, Johnson said we had given Chinese Communists specific cases and if Wang did same, progress could be made. Wang agreed should not enter into general debate and said purpose of meeting was to solve problem before US. He had no intention ask US Government change its laws. He only asked that Chinese students be given freedom return home. Said US Government must have list of 120 students since we acknowledge this number denied permission leave. However, question not one of numbers but of principle, allowing Chinese students return home. Wang then proposed two sides issue joint statement to effect that nationals of each in territory of other be allowed to return to homeland.
Johnson stated Chinese in US, as all other aliens, free to leave US in accordance with US laws and regulations. These regulations had been applied to prevent departure only 120 Chinese. Reiterated we would look into these cases. Said joint statement would not be necessary, and doubted agreement could be reached on joint statement.
Wang repeated proposal for joint statement saying this would assure Chinese students in US, who now feared apply permission return China, they would be allowed return home. Chinese Communists in joint statement would also agree that Americans can leave China without restrictions whenever they apply.
Johnson then asked whether proposed statement would cover all Americans in Communist China, including those imprisoned. Wang replied of course “law violators” belong to another category, indicating statement would not apply to them. He reiterated Chinese Communists would look into case imprisoned US nationals. List which Johnson had given him being studied and checked and would contact us when results of investigation received. Asked that [Page 471] we look into cases 120 detained Chinese. Johnson replied had nothing add to his previous statements. Neither side requested another meeting, though each has agreed notify other when had information on specific cases.
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