893.711/117
The Minister in China (Johnson) to the Acting Secretary of State
[Received January 2, 1934.]
Sir: I have the honor to refer to the Legation’s despatch No. 2364, November 7, 1933,88 and to previous correspondence in regard to the Press Law of China, and to enclose for the Department’s information a copy in translation of a note dated November 17, 1933, from the Ministry of Foreign Affairs88 which acknowledges the receipt of the Legation’s note of July 18, 1933,88 informs the Legation of several newspapers and periodicals published by American citizens [Page 692] which have registered with the Ministry of the Interior under the provisions of the Law of Publications, and requests that all other American publications be instructed to apply to that Ministry for registration. With the Ministry’s note was enclosed a copy of the application form, which in itself is not objectionable.
Upon the receipt of the above note from the Ministry of Foreign Affairs, the Legation consulted with the British Legation and expressed an inclination to reply to the Ministry to the effect that the Legation’s present instructions prevent it from advising American publications to register with the Ministry of the Interior until it has received the assurances of the Ministry of Foreign Affairs requested in the Legation’s note of July 18, 1933, a copy of which was transmitted to the Department in despatch No. 2213, July 21, 1933, from this mission.91
The Department will recall that the British Legation, in its note to the Ministry of Foreign Affairs of July 17, 1933 (a copy of which was enclosed with the Legation’s despatch referred to immediately above), did not request additional assurances similar to those requested by this Legation, but contented itself with a statement to the effect that if the requirements of registration were found to be in consonance with the Legation’s understanding of the assurances given by the Foreign Office note of May 19, 1933,91 it would advise the British interests concerned that there was no objection to the registration of their periodicals and publications.
In view of the fact that no additional assurances were requested by the British Legation, that Legation now feels that it is unnecessary to reply to this most recent note from the Ministry of Foreign Affairs, and has therefore suggested that no reply be made to the note, but that both Legations transmit copies thereof to their respective Governments for possible further instructions. The British Legation lays stress upon the innocuous character of the application form and says that it is now prepared to recommend to its Foreign Office that no further objection be raised to the voluntary pro forma registration of British publications with the Ministry of the Interior.
In view of the attitude of the British Legation, I agreed to refrain for the present from replying to the Ministry of Foreign Affairs and to request the Department’s instructions instead. Should that Ministry press for a reply to its note of November 17, we will acknowledge its receipt and say that the matter has been referred to our Governments for further instructions.
Throughout these negotiations the British Legation has viewed this matter much less seriously than has this Legation, and I am [Page 693] inclined to believe that its Foreign Office will authorize acquiescence in the registration of British publications without further assurances from the Chinese Government.
The question therefore arises as to whether the American position in this matter should be reconsidered.
It is understood that the French Legation has acquiesced in the registration of French publications, but that the Japanese Government has ignored the Press Law. If the British Legation now acquiesces in registration by British periodicals, accepting as adequate the assurances given in the note of the Ministry of Foreign Affairs of May 19, 1933 (a copy of which accompanied this Legation’s despatch No. 2213 of July 21, 1933), there is little likelihood that the additional assurances requested in the American note of July 18th will be given by the Ministry of Foreign Affairs.
I am inclined to suggest that if the British Legation finally acquiesces in registration of British publications, this Legation might be authorized to acknowledge the receipt of the Foreign Office note of November 17, 1933, and to state that the American Government has no objection to the voluntary pro forma registration of American periodicals with the Ministry of the Interior of the National Government but that it can not compel such registration by American periodicals and publications and that it can not accept as applying to such American periodicals and publications, whether or not they shall have so registered, any of the penal provisions or administrative control contemplated by the Press Law of China.
The National Government has effectively demonstrated that it has the power to withdraw postal facilities from American publications, whether registered or not. There is apparently no disposition to give the assurances required by the American Government in connection with the request that American publications should apply for registration. The Legation regrets that it has little faith that any such assurances, even if given, would be scrupulously respected after their purpose of inducing registration had been accomplished. It would seem desirable, therefore, that the American Government should be content to sanction voluntary pro forma registration with the general reservation that it can not accept any of the penal provisions or administrative control contemplated by the Press Law as applying to American publications or periodicals, whether or not they are so registered.
Respectfully yours,
Counselor of Legation