Papers relating to the foreign relations of the United States, 1929, Volume II

711.933/29

Memorandum by the Chief of the Division of Far Eastern Affairs (Hornbeck) of a Conversation With the Chinese Special Representative (C. C. Wu)

[Washington,] January 5, 1929.

Dr. Wu called by appointment. Dr. Wu left with Mr. Hornbeck the two memoranda hereto attached, one relating to the annexes to the Italian-Chinese Treaty of November 27, 1928;²⁸ the other containing Dr. Wu’s suggestions with regard to what the Chinese Government might be willing to subscribe to in connection with a treaty providing for the abolition of extraterritoriality on January 1, 1930.

The conversation lasted for one hour and twenty minutes and consisted for the most part of a repetition of things which had been said at previous conversations. Dr. Wu referred to Mr. Hornbeck’s request made during the last previous conversation that Dr. Wu draw up for consideration an outline of a plan for the gradual relinquishment of extraterritorial rights and the gradual extension of Chinese jurisdiction over foreigners. He said that, since the last conversation, he had discussed the matter with his Government by cable. He wished to submit a proposal based on the precedent of the plan which had been adopted by Turkey. … What the Chinese wanted was a treaty which would abolish extraterritoriality definitely, conclusively, and promptly. He thought that this proposal with regard to “foreign legal counsellors” should suffice.

Mr. Hornbeck referred to the provisional and preliminary character of the provisions in the new Chinese-Belgian²⁹ and Chinese-Italian treaties, there being absent from those treaties any indication of what might be the nature of the plan which the contracting parties agree to work out. Dr. Wu said that he hoped to have a treaty in which the United States would simply give up its extraterritorial rights. Mr. Hornbeck inquired whether Dr. Wu meant by that a treaty under whose terms American interests and nationals would cease to enjoy their extraterritorialized status while that status continued to be enjoyed by nationals of other Powers. Dr. Wu said that such was his meaning. Mr. Hornbeck referred to the conversation held in the Secretary’s office shortly after Dr. Wu’s arrival in this country,³⁰ in the course of which the Secretary had stated that it would be impossible to consider a proposal of that sort and had explained why. Mr. Hornbeck went on to say that it could not be expected of this or any other government responsible for substantial interests and a large number of its nationals in China that it would agree to place those interests and nationals in a special position (in this case one which they at least would regard as a position of disadvantage) in China. The principle that this Government had been striving for a long time to see made effective in China was the principle of equal treatment and no special positions. It might be assumed that China seeks to have the same principle made effective. Dr. Wu said that certain countries no longer possess such extraterritorial rights. Mr. Hornbeck suggested that the status of German, Russian, Austrian and Hungarian interests and nationals in China had been made what it is by special circumstances and conditions. Suppose that the American or some other Government were to adopt the suggestion which Dr. Wu had just made, could it be assumed that other Powers would welcome the formula as affording a satisfactory solution of the problem; would they follow the example, thus making for uniformity? Dr. Wu said that they had done so in the case of Turkey and it might be assumed that they would do so in the case of China.

The substance of Dr. Wu’s proposals up to date may be summarized as follows:

1. The United States and China to conclude a simple treaty containing a provision that extraterritorial jurisdiction on the part of the United States is to terminate on July 1, 1930.

2. An annex to be appended in which China shall declare that she will before January 1, 1930, put into force two new codes, making in force five major codes in all.

3. The Chinese Government to affirm that it will take into its service for a period of three years a number of foreign legal counsellors, who shall be officials of the Chinese Government serving under the Judicial Council and whose duties shall be “to observe, without power of interference,” to report to the Judicial Council, to receive complaints regarding the administration of justice, and to make to the Judicial Council suggestions and recommendations.

S[tanley] K. H[ornbeck]

[Annex 1]

The Chinese Legation to the Department of State

The Italian Treaty with China signed on 27th November, 1928, and annexes are similar to the Belgian with the exception of the following points:

1. If no agreement is arrived at regarding the detailed provisions before 1 January, 1930, extraterritoriality is to be abolished when all the powers signatory to the Washington Treaty have agreed to its abolition and China has fixed a date therefor;

2. No mention is made regarding the law of personal status.

[Annex 2]

The Chinese Legation to the Department of State

1. The Chinese Government to take into its service for a period of 3 years a member of foreign legal counsellors, nationals of countries not now enjoying consular jurisdiction in China.

2. These legal counsellors to be Chinese officials serving under the Judicial Council, and stationed at Shanghai, Canton, Hankow, Tientsin, and Harbin.

3. Their duties to be:

(a) To observe, without power of interference, the working of Chinese courts and report their observations to the Judicial Council;

(b) To receive complaints regarding the administration of justice with a view to bringing them to the notice of the Judicial Council in order to ensure the strict observance of the Chinese law;

(c) To make to the Judicial Council such suggestions and recommendations as they may think proper for the improvement of the laws and their administration.

28. League of Nations Treaty Series, vol. xciii, p. 173.
29. Signed at Nanking, November 22, 1928; League of Nations Treaty Series, vol. lxxxvii, p. 287.
30. See telegram No. 338, October 6, 1928, to the Minister in China, Foreign Relations, 1928, vol. ii, p. 433.