893.102S/2358: Telegram
The Consul General at Shanghai (Lockhart) to the Secretary of State
[Received 9 p.m.]
1216. Chungking’s 557, November 2, 8 a.m. to Department and my 1189, November 3, 4 p.m.
- 1.
- French Consul General has just informed me that he and the
Japanese Consul General have reached an agreement concerning
Chinese Courts in French Concession of which the following is a
summary:
Judicial institutions of Chungking Government now functioning in the French Concession shall no longer be allowed to exist unless other branch of Chinese Supreme Court shall be closed; Third Branch of Kiangsu High Court and Second Special District Court shall be taken over by the Nanking Government and shall function under the conditions described in the existing agreement concerning Chinese Courts in French Concession.65 All subordinate establishments and possessions of the existing courts, including archives, seals and prisons, shall be taken over by Nanking Government. French municipal authorities shall give full protection to judges, associate justices and other personnel of the courts appointed by Nanking Government. French municipal authorities shall render cooperation and assistance with a view to smooth functioning to new courts.
- 2.
- My French colleague states that courts may be turned over tomorrow and it is expected that nominee of Nanking régime will appear at court and that Chief Judge will turn over seals, keys and archives. Some hope is entertained by French authorities that a considerable number of judges of lower court will accept appointment under new order, but this is by no means certain.
- 3.
- I am told that Chungking Government expects that Chinese Supreme Court now sitting in French Concession will transfer its functions to International Settlement and that the other two courts will also transfer to the International Settlement and function there. I do not understand under what condition or circumstances the French Concession courts could transfer to the International Settlement and carry on their functions for the vacated area. The French authorities, who have been under great pressure from the Japanese, believe that the Chungking authorities will realize the difficulties obtaining here and will refrain from increasing not only their (the [Page 830] French) difficulties but the difficulties of the authorities of the International Settlement.
Sent to the Department. Repeated to Chungking and Peiping. Code text by air mail to Tokyo.
- For French text of agreement signed at Nanking, July 28, 1931, see l’ Europe Nouvelle, vol. 14, pt. 2, p. 1222.↩