893.102S/1999: Telegram
The Consul General at Shanghai (Gauss) to the Secretary of State
[Received 8:25 p.m.]
162. My 125, February 15, 2 p.m. The Japanese Consul General on February 26 discussed with the Chairman of the Municipal Council the matter of return of the area north of Soochow Creek to the [Page 733] police jurisdiction of the Council. Secretary Phillips75 in a confidential memorandum addressed to the American and British members of the Council reports that the discussion was “in every way encouraging”, no changes being proposed as regards the terms of the agreement to be implemented (Shanghai’s despatch No. 2450, August 22, 193976); however, Miura left behind him a brief aide-mémoire regarding Japanese desiderata which it is his intention to hand to the Chairman on the occasion of signature of the agreement. That document comprises two points of which the substance is as follows:
- (1)
- The Shanghai municipal police will resume functioning in C and D divisions and in E division excepting “for the time being” the extra-Settlement roads area, in which area the municipal police may administer traffic control and policing of a nature approved by the Japanese navy landing party;
- (2)
- Inasmuch as the Japanese authorities cannot admit that National Government organs such as the Shanghai Special Area District Court shall extend their functions to the area restored to the jurisdiction of the Municipal Police, the Council is requested to evolve a procedure to fit the existing circumstances.
Miura enlarging upon the second point stated that possibly the exigencies of the situation could be met without publicity by the establishment of a branch of the District Court with judges jointly appointed by Chungking and the new Chinese administration, and he proposed that the period of time necessary for implementation of the agreement should be employed in an effort to obtain the suggested dual appointment of judges. Phillips says that he and the Chairman both view as “constructive” Miura’s suggestion, which might lead if found practicable to the solution of difficulties other than that of the court. It is nevertheless my own feeling that the present temper of the National Government is not conducive to the fruition of such a suggestion of joint action.
My despatch No. 2914 of February 1676 contains detailed information regarding the immediate background of this question.
Repeated to Chungking, Peiping. Code text to Tokyo by air mail.