Foreign Relations of the United States, 1946, The Far East, Volume VIII

751.93/3–146: Telegram

The Counselor of Embassy in China (Smyth) to the Secretary of State

Chungking, March 1, 1946.
[Received March 2—11:19 a.m.]

405. Sino-French treaty for relinquishment of extraterritoriality and related rights in China and Sino-French agreement concerning Indochina signed at Chungking on February 28, 1946 by Minister of Foreign Affairs and French Ambassador.²²

Central News Agency reports that the provisions of the treaty for relinquishment of extraterritoriality and related rights are basically similar to Sino-American and Sino-British treaties of January 11, 1943.

Central News Agency reports main provisions of agreement concerning Indochina as follows:

• “(1) Chinese nationals in Indochina shall continue to enjoy these rights, privileges, and exemptions traditionally enjoyed by them. Taxes paid by them shall not be heavier than those paid by the nationals of Indochina. In matters relating to legal proceedings and the administration of justice Chinese nationals in Indochina shall be accorded the same treatment as in [is] accorded to French nationals.
• (2) The French Government agrees to provide all necessary facilities at Haiphong for the free transit of Chinese goods. Chinese goods transported on the Yunnan-Indochinese railway from the Yunnan-Indochinese border to Haiphong shall be exempted from customs duties. Chinese goods transported on all railways in Indochina shall be exempted from all transit dues or taxes.
• (3) The Sino-French agreement of 1903 concerning the Yunnan-Indochinese railway is hereby terminated. The ownership of that section of the railway from Kunming to Hokou shall be transferred to Chinese Government. The French Government shall advance the fund for its redemption, which shall be reimbursed in so far as is recoverable from Japanese reparation to be claimed as compensation for the material losses sustained by the Chinese Government and merchants in Indochina as a result of the disruption of the Yunnan-Indochinese railway and the closing of Haiphong port in June, 1940, clue to Japanese intervention. The French Government will cause to be submitted to the Chinese Government in the near future a scheme for the improvement of railway communications between Yunnan and Indochina.”

Same agency reports that exchange of notes concerning Chinese forces in Indochina provides for assumption by French command of responsibility for guarding Jap prisoners, maintenance, of peace and order, and protection of Chinese nationals north of 16 degrees north latitude and for withdrawal of Chinese forces not later than, March 31, 1946.

Smyth

22. Jacques Meyrier. Texts of the agreements were published in the Paris Journal Officiel, May 19, 1946; transmitted to Department as enclosure to despatch 5246, May 23, 1946, from Paris, not printed.