310.5/7–2850: Telegram

The Deputy United States Representative at the United Nations (Gross) to the Secretary of State

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152. At meeting under Sunde chairmanship this afternoon with UK and French delegates, among questions discussed, and which are reported separately, consideration was given to possible procedural steps in anticipation alternative assumptions of action by Soviet representative re Chinese representation. Several alternative possibilities foreseen follow.

Soviet delegate might:

(1)
Introduce motion to unseat Tsiang and/or seat Communist. UK, French and Norwegian delegates reveal they are at the present moment without definite instructions as to how they should vote on such motion.
(2)
Attempt exercise prerogative as President SC and rule out of hand that Tsiang not entitled to seat as representative of China. In such event US will be prepared challenge ruling in accordance with conversation Hickerson–Austin 28 July. UK delegate is requesting instructions from London on basis Jebb recommendation he be authorized to challenge President’s ruling on ground that it is a hocus, not sanctioned by rules of procedure, to thwart majority will of Council. Norwegian delegate raised tactical (and we think captious) point that if Malik’s ruling were challenged, Soviet could propagandize on basis that countries challenging his ruling do not wish Chinese people to be represented in SC. On this analysis Norwegian delegate expressed tentative preference for raising question of President’s right to make such a ruling and to request vote not on basis of challenge to his ruling but on basis of his power to rule on such a question. We, UK and French delegates pointed out this might involve a long and undecipherable debate on a doubtfully sound technical basis.
(3)
Indicate, without making a ruling, that he intends to rule that Tsiang is not legally entitled to sit as the Chinese representative. We do not think this alternative likely but we would be prepared in any event to raise point of order which would be put to vote if President permitted, or to await ruling which we would challenge as outlined in paragraph 2 above.
(4)
Exercising prerogative as President, attempt to put to vote right of Tsiang to occupy Chinese seat. Soviet representative, for example, might make statement purporting to cast doubt on Tsiang’s status and thereupon without introducing a motion, call for show of hands on question of Tsiang’s right to occupy seat. We would be prepared to raise point of order prior to taking vote, citing SC rule 17. President would then probably overrule point of order and vote would be on challenge to his ruling. UK delegate has indicated informally they might wish to support President’s ruling against challenge if question put in this form.

In light of foregoing, we urge Department request Embassies London, Paris, Oslo and Cairo to confer with foreign offices concerned, urging latter to send appropriate instructions to their delegates on voting in above situations or any permutation thereof.

Gross