893.12/29: Telegram
The Consul General at Shanghai (Cunningham) to the Secretary of State
[Received July 27—9 a.m.]
Heretofore this port has been protected from importation of contagious diseases from other ports under sanitary regulations which were brought into effect in 1874 by agreement between Superintendent of Customs and treaty power consuls, which have been revised at various times to meet various conditions, the latest revision being in 1925. Hie expense of maintaining the sanitary regulations [including] port doctor and fumigation plant and floating equipment has been met by contributions from Maritime Customs, the Shanghai Municipal Council and the French Municipal Council. These regulations [Page 528] have met emergencies reasonably well. Quarantine has been established against infected ports on a proclamation issued by the Superintendent of Customs with the approval of the Consular Body. The port doctor is a British physician. Recently quarantine regulations 1930 of the Republic of China Ministry of Health have been issued and Dr. Wu Lien-teh has been appointed director of the newly organized Chinese national quarantine service. He transmitted copies of these regulations to the Consuls in Shanghai and stated that the Ministry of Foreign Affairs had notified the Diplomatic Body of the issuance of the regulations. The inspector of the port states: “These regulations shall have effect in the ports of China where the health services are under the control of the Ministry of Health.” No previous notice was given to any of the interested parties of the issuance of these regulations. The Director has stated that he intended taking over the entire quarantine service of Shanghai including the fumigation plant, thus replacing the sanitary regulations. This is an evolving move of the Chinese Government. The regulations in themselves are not, generally speaking, very objectionable, though certain clauses are. The enforcement of the regulations however is beyond the capacity of the Chinese authorities …
- 2.
- The Director General has now stated that cholera exists in the Philippine Islands and there is strong reason to believe that he intends to declare quarantine against the Philippine Islands and to put the quarantine regulations into effect on the arrival of President Taft due on July 30th. It is believed that the Director intends to make a test case of this American vessel best [as to?] whether the United States will permit the regulations to be enforced in Shanghai against her shipping and eventually accrued foreign shipping.
- 3.
- Though the regulations have been transmitted, I state with emphasis that their equitable enforcement is beyond the capacity of the Chinese authorities.… I venture to express the view that, so long as present treaties exist, the new regulations cannot be enforced against American vessels nor can American vessels be placed in quarantine, as is required by the Chinese regulations, so long as these treaties exist.
- 4.
- Early instructions are solicited regarding validity which should be given to the quarantine regulations. It is suggested that Dr. Cumming be consulted since it is understood he has had knowledge of the regulations as Dr. Wu Lien-teh has a letter from him dated in June 1930 in which cooperation is promised.
- 5.
- It would have been more in order had the National Government desired to take over the quarantine work from the Customs if the proposal had been discussed with the treaty powers and an arrangement reached which would be equitable and inspire confidence in the fair enforcement of the regulations agreed to, rather than arbitrarily [Page 529] to attempt to force new regulations on shipping. I venture respectfully to suggest that the Chinese authorities be notified that the sanitary regulations must continue in effect until they are replaced by other regulations agreed to after orderly conditions.
Repeated to the Legation. Copy to Minister.