Office of the Historian

893.102S/1986: Telegram

The Consul General at Shanghai (Gauss) to the Secretary of State

Shanghai, February 3, 1940—1 p.m.
[Received 7:15 p.m.]

94. Reference Shanghai’s 1138, December 23, noon.60 Extra Settlement Roads question. I have received confidentially from the Deputy Secretary of the Shanghai Municipal Council61 the text of a “modus vivendi on policing in the western outside roads area” which has been agreed to by the Mayor of the City Government of Greater Shanghai62 and which the Chairman of the Council63 will recommend to the Council for approval. The agreement will be considered by members of the Council within a few days and if approved will probably be signed within next 2 weeks. I have also been informed at the conclusion of the meeting at which agreement was reached the Japanese Consul General64 stated that after the modus vivendi had been signed65 he would call a press conference at which he would announce that he was now prepared to implement the understanding already reached in regard to policing the Settlement areas north of Soochow Creek. (See despatch No. 2450, August 22, 193960).

The following is the English version of the modus vivendi.

  • “1. The City Government of Greater Shanghai after consultation with the Shanghai Municipal Council has decided to ensure [establish] a special police force in the western Shanghai (outside roads) area. There shall be established in the area a suitable number of police stations and sub-stations. The personnel of this police force shall wear a distinctive badge or device and shall have the exclusive right to function in the area during the period of this modus vivendi.
  • 2. The members and general structure of this police force shall be agreed upon as the result of consultations between the Chief of the [Page 728] Police Bureau of the City Government of Greater Shanghai and the Commissioner of the Shanghai Municipal Police.
  • 3. A number of officers of the police force, including certain principal officers, shall be appointed by the City Government of Greater Shanghai from among the candidates recommended by the Shanghai Municipal Council.
  • 4. The chiefs of police stations in localities where foreigners own extensive property, together with an agreed number of police officers, shall be appointed by the City Government of Greater Shanghai from among the candidates recommended by the Shanghai Municipal Council.
  • 5. The Shanghai Municipal Council shall appoint liaison officers to cooperate with the western Shanghai (outside roads) area police force.
  • 6. All cases involving foreign nationals shall be handled by foreign police officer[s] who have been appointed by the City Government of Greater Shanghai from among the candidates recommended by the Shanghai Municipal Council.
  • 7. In the case of any disagreement arising between officers appointed by the City Government of Greater Shanghai from among candidates recommended by the Shanghai Municipal Council and other officers appointed by the City Government of Greater Shanghai, reference shall be made to the Chief of the Police Bureau of the City Government of Greater Shanghai and the Commissioner of the Shanghai Municipal Police for their consideration and settlement. Failing such settlement, the disagreement, if deemed necessary, shall be referred to the Mayor of the City Government of Greater Shanghai and the Chairman of the Shanghai Municipal Council.
  • 8. This modus vivendi is likewise [made] out in Chinese and English copies but its meaning and interpretation shall be based on the Chinese copy.”

Repeated to Peiping and Chungking. Air mail to Tokyo.

Gauss
  1. Not printed.↩
  2. W. Gubb.↩
  3. Fu Siao-en.↩
  4. Cornell S. Franklin, American attorney.↩
  5. Yoshiaki Miura.↩
  6. The signing was effected February 16.↩
  7. Not printed.↩