893.05/210: Telegram
The Chargé in China (Perkins) to the Secretary of State
[Received December 18—11:20 a.m.]
1165. My 1161, December 18, noon. Following from Jacobs and Bucknell at Shanghai, December 17, 1 p.m.:
“We have been confidentially informed by the British delegate, Aveling, that he had privately and unofficially discussed with Dr. C. T. Wang at his request a suggestion for avoidance of difficulties which our insistence on consular representation presented, as follows: All foreign representatives or deputies of the Shanghai Municipal Council or of the consular body to be eliminated. The Chinese Government to employ foreign jurists in the court, as legal advisers to the bench. These jurists to take no part in court proceedings, but the Chinese judge to render no judgment without discussing the case with the particular foreign jurist concerned. If judge and foreign jurist disagree on the judgment, the judge’s decision to be rendered nevertheless. On going to appeal the case to be considered in the same way as previously in the Court of First Instance. If the Appeal Court judge and the foreign jurist disagree on the judgment, the latter to be suspended until a committee of jurists, composed of the Appeal Court judge who tried the case, his foreign legal adviser, and a high judicial authority of Chinese nationality appointed by the Central Government, should decide. The three members on this committee to have equal vote, a majority decision to be binding. Regarding the legal adviser’s court position, presumably he is not to sit on the bench, though this point may be discussed and adjusted. He is to have his own interpreter but not to be able to question witnesses or in any way to participate in the proceedings, nor to talk over matters with the judge during court proceedings. The very doubtful feature is if the Judicial Yuan will accept the principle of three jurists, one of them a foreigner. Neither judge nor jurists would desire, perhaps, to attend all cases, for example, minor cases, but important cases would of course be attended.
The idea seems to have pleased the chief Chinese delegate, also in his private capacity, although this cannot be considered as in any way having weight at the moment. Something of this sort, it is believed, may at least be proposed at the next meeting on December 19. The above, we understand, constitutes a part, at least, of one of the plans to be proposed by the Chinese in subsequent negotiations.”