Foreign Relations of the United States Diplomatic Papers, 1940, The Far East, Volume IV

893.102S/2361: Telegram

The Ambassador in China (Johnson) to the Secretary of State

Chungking, November 8, 1940—1 p.m.
[Received November 9—6:10 a.m.]

566. My 557, November 2, 10 [8?] a.m. and Shanghai’s 1189, November 3, 4 p.m. Shanghai Special courts. I am in receipt of a letter dated November 6 from the Minister for Foreign Affairs stating that the Chinese authorities have reached their decision concerning the French Concession courts, of which the French Ambassador has been formally informed: In accord with 1931 Agreement the present Chinese courts of the French Concession shall continue functioning and if the French permit the legal status of the said courts to be changed the Chinese authorities will be forced to instruct the courts to cease functioning in the Concession. The Chinese Government will hold the French Government responsible for the consequences and as unlawful any organs in the French Concession terming themselves Chinese Courts, and the acts and decisions of any such courts will be regarded as invalid.

The Foreign Minister expressed the hope that “strong and urgent” action would be taken by the Chinese [American?] Government along the lines indicated by the letter dated October 31 [24?] from the Minister for Foreign Affairs (paragraph numbered 2 my 557, November 2, 10 [8?]a.m.).

2. I have now received a further letter dated November 7 from the Foreign Minister adding that if the Chinese courts in the French Concession are obliged to stop functioning, the jurisdiction which these courts exercise in relation to case of a criminal and civil nature is to be transferred to the courts of the International Settlement; and that the French Ambassador has been asked by the French Concession authorities to assist in servicing warrants and summonses issuing out of the International Settlement Courts.

3. I am informing the Minister that I have transmitted the substance of his two communications as outlined above to the American authorities for their information.⁶⁶

Sent to the Department. Repeated to Peiping and Shanghai.

Johnson

66. In a note of November 11 delivered to the Embassy in China, the Chinese Ministry for Foreign Affairs denounced French submission to Japan and declared illegal the activities of any “organs” in the French Concession which might thereafter style themselves as Chinese courts (893.102S/2367).