FO371-46256 — Page 104

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H.E.

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MINUTE

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I think I should record at somewhat greater length than is possible in a

Kubassy telegram my conversation with Mr. H.C. Kiang yesterday afternoon. telegram No.1140 gives the meat ard the letter of introduction to Mr. Ogden, a copy of which is attached, gives the names of the three lawyers who are now proceeding to Shanghai.

Mr. Kiang said that he had been worried for some time past over the question of the transfer of the International Settlement and the French Concession at Shanghai to the Chinese Government. There were people on the Chinese side who seemed to think that transfer would be automatic after the 1943 Treaty, that had not, however, been his understanding of the relevant clauses of that Treaty, and he had been urging for some weeks on Dr. Cheng Mon-lin and Dr. Wong Wen-hao the necessity of providing the Shanghai Administration with really competent legal advice. It appeared from recent events that he had had some grounds for his fears and that his earlier efforts to persuade Dr. Chang to send lawyers down to assist the Mayor and the military authorities had been of no avail, but he had got his way in the end with the argument of events.

He himself had suggested the three lawyers concerned, and believed that no legal practitioners were better qualified than these three men to undertake the task. There had been some opposition and the "Ministry of Judicial Administra tion" ( Ministry of Justice) had endeavoured to folst some of their own counsellors on to the Mission; this effort had been successfully resisted and The the Mission would proceed with a direct Mandate from the Executive Yuan. Waichiaopu had not been informed of the proposal until the decision had actually been taken.

The terms of reference and the instructions issued by the Executive Yuan to General Ho Ying-chin and the Mayor of Shanghai are summarised in the telegram already submitted. They read satisfactorily, but Mr. Kiang admits that much will depend on whether the advice of these lawyers is or is not accepted by the military administration. He was privately critical of the appointment of General Chien Ta-chun as Mayor of Bhanghai; he said that it was generally expected in Executive Yuan circles that he would be replaced as soon as the period of military administration was over. He himself was communicatir on matters of importance, such as the functions of the present Missioh, with Commissioner Shen Chia-hua, and he felt satisfied that the Commissioner would appreciate the requirements of the situation and do his best to enforce satis- factory decisions. Mr. Kiang also informed me confidentially (the members of the Mission do not know this) that it was the idea of Dr. Chang Mon-lin that these three lawyers, if they made a success of their Shanghai Mission, should proceed also to Tientsin - this in reply to an obaaswation from me that Shangha: was not our only problem.

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I/...

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