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

393.11B21 Tan, Marcel O./30: Telegram

The Secretary of State to the Ambassador in Japan (Grew)

Washington, February 14, 1940—7 p.m.

64. Amoy’s 7, February 9, noon,⁴⁴ Marcel O. Tan. It is suggested that, unless you perceive substantial objection, you make a further approach to the Foreign Office in this matter, in such manner as you may deem appropriate, pointing out to the Foreign Office the following considerations:

1. Tan was arrested by the authorities of the Municipal Council at Kulangsu upon a warrant countersigned by the Japanese Consul General⁴⁵ acting as Senior Consul some seven months following Japanese military occupation of Amoy.

2. As a result of investigation conducted in the Philippines it has been ascertained that under the laws of the United States and of the Philippine Commonwealth, Tan, the illegitimate son of a Philippine woman, is a citizen of the Philippines owing allegiance to the United States. As an American national he is entitled to the protection of this Government and is, while in China, under the extraterritorial jurisdiction of the United States to the same extent as any other American national. As no Chinese or other authorities in China, except an American authority, are legally competent to assume jurisdiction over a Philippine citizen, and as a Philippine citizen who may be taken into custody by local police in China should be immediately delivered to the nearest American authority, Tan should be released or handed over to the American Consul at Amoy for the consideration of any charges which may be preferred against him.

3. The charges against Tan, so far as the American Consul has been informed of them by the Japanese Consul General, appear in general to be vague and to be unsupported by evidence. One such charge, namely, that Tan had at one time applied for a license to practice medicine, is not a charge in any sense of the word and would seem to have no bearing on the matter even in regard to his citizenship status in as much as the practice of medicine in China is not restricted by Chinese law or by treaty to Chinese nationals. That the Japanese authorities at Amoy do not consider the charges against Tan as either serious or important is evidenced by the fact that the Japanese Vice Consul indicated about June 21, 1939, to the American Vice Consul⁴⁶ that Tan’s release would be granted provided the American Consul should use his influence with the Municipal Council in obtaining the Council’s assent in full to certain Japanese proposals in regard to the administration of the International Settlement on Kulangsu. (Amoy’s 57, June 21, 4 p.m.,⁴⁷ second numbered paragraph.) This offer was not, of course, accepted and instructions which were issued to the American Consul at Amoy to exert his influence toward a reasonable and appropriate settlement of the dispute between the Japanese authorities and the Municipal Council were so issued in the first instance in the belief that cooperation among the various authorities would lead to an adjustment of the dispute and were later renewed at the request of the Counselor of the Japanese Embassy in Washington irrespective of any question relating to Tan.

4. In the memorandum no. 84, American I, of the Japanese Foreign Office dated July 10, 1939,⁴⁸ it is stated as the Foreign Office’s opinion that a settlement of this matter should be sought from the appropriate authorities in charge of the International Settlement or the Chinese authorities. As it is reported by the American Consul at Amoy that the Municipal Council will not release Tan to the American Consul without the approval of the Japanese Consul General (Amoy’s 74, July 13, 10 a.m., last sentence first paragraph), presumably because the Japanese Consul General countersigned the warrant for his arrest, and as the Foreign Office’s memorandum of July 10 above-mentioned indicates that the Japanese Consul General’s action in countersigning the said warrant was undertaken by Mr. Uchida solely in his capacity as Senior Consul, it is requested, as a matter of right and comity, that the Japanese Government instruct the Japanese Consul General at Amoy, either upon request or reference by the American Consul or the Municipal Council or upon his own initiative, to withdraw his approval of the warrant which was given to that document by his countersignature, so that there shall not any longer remain any obstacles, so far as the Japanese authorities are concerned, in the way of Tan’s release and repatriation to the Philippines or his delivery to the American Consul for the hearing of any charges which may be brought against him.⁴⁹

Sent to Tokyo via Peiping. Repeated to Chungking and Amoy.

Hull

44. Not printed. For previous report on case of Marcel O. Tan, see telegram No. 74, July 13, 1939, 10 a.m., from the Consul at Amoy, Foreign Relations, 1939, Vol. iv, p. 354.
45. G. Uchida.
46. Leland Charles Altaffer.
47. Foreign Relations, 1939, Vol. iv, p. 344.
48. Not printed.
49. Marcel O. Tan was released on May 9 by the Kulangsu Municipal Council following a request of the Japanese Consul General at Amoy (telegrams Nos. 19 and 22, May 9 and 26, from the Consul at Amoy; 393.11B21Tan, Marcel 0./41, 42).