893.012/43: Telegram
The Minister in China (MacMurray) to the Secretary of State
853. Department’s 272, August 15, 8 p.m. Following from American Consulate General at Shanghai:
“Referring to this Consulate General’s despatch number 6156, September 25, 1929. Another American-born Chinese, Fong Koon Look, registered at this Consulate General since 1922, approved by the Department and without any proof of having held himself out to be a Chinese citizen, has been sued in the Shanghai District Court. He was given a letter by this office in regard to his registration, which letter together with his Hawaiian passport was taken up by the District Court on September 19th. He has now been again summoned to appear on October 3rd at 2 p.m., failing which judgment by default will be given against him. A protest is being lodged with the Commissioner of Foreign Affairs but it is believed that a protest to the Ministry of Foreign Affairs in this and similar cases will have more effect.”
- 2.
- Cunningham’s despatch referred to informed the Legation that another case similar to that of W. Y. Char had arisen in Shanghai and requested definite instructions as to how such cases were to be handled by consular officer in whose districts they arise. The particular case at issue arose over a criminal action filed in the Provisional Court against Dr. T. C. Lieu, and a summons was issued for him by that court which was not served, however, because the municipal police ascertained that Dr. Lieu was registered at the Shanghai Consulate General as an American citizen. The chargé against Dr. Lieu was that of negligence causing death, a charge which the United States District Attorney after investigation does not feel should be prosecuted. Mr. Cunningham states that this case is quite different from the Char case because Lieu, as far as Consulate is aware, has never identified himself in any way with the Chinese Government or held himself out to be a Chinese citizen. He was born in San Francisco and has been living in the International Settlement for almost ten years. He was first registered at the Consulate General on August 18, 1920, and his registration was approved by the Department under serial number 35,769. He has kept his passport valid to date and states that he intends to return to the United States to reside possibly within the next year. The Consulate General feels that the Chinese authorities may apprehend Lieu in the event he visits his patients in Chinese territory and requests instructions as to what arrangement should be made to protect him in this event.
- 3.
- In view of the strong probability that there will be a number; of cases of this kind, the Department’s instructions in this regard are urgently requested by telegraph.
- Telegram in three sections.↩