Note in the English and Chinese Languages From the American Chargé d'Affaires ad interim to the Chinese Political Vice Minister in Charge of Ministerial Affairs EMBASSY OF THE UNITED STATES OF AMERICA EXCELLENCY: Confirming the understanding reached in the conversations which have taken place in Chungking between representatives of our two Governments, I have the honor to inform Your Excellency that it is the desire of the Government of the United States that the service courts and authorities of its military and naval forces shall during the continuance of the present conflict against our common enemies exercise exclusive jurisdiction over criminal offenses which may be committed in China by members of such forces. If cases arise in which for special reasons the service authorities of the Government of the United States may prefer not to exercise the above jurisdiction, it is proposed that in any such case a written statement to that effect shall be sent to the Chinese Government through diplomatic channels, in which event it would be open to the Chinese authorities to assume jurisdiction. Assurance is given that the service courts and authorities of the United States forces in China will be willing and able to try, and on conviction to punish, all criminal offenses which members of the United States forces may be alleged on sufficient evidence to have committed in China and that the United States authorities will be willing in principle to investigate and deal appropriately with any alleged criminal offenses committed by such forces in China which may be brought to their attention by the competent Chinese authorities or which the United States authorities may find have taken place. Insofar as may be compatible with military security, the service authorities of the United States will conduct the trial of any member of the United States forces for an offense against a member of the civilian population promptly in open court in China and within a reasonable distance from the place where the offense is alleged to have been committed so that witnesses may not be required to travel great distances to attend the trial. The competent United States authorities will be prepared to cooperate with the authorities of China in setting up a satisfactory procedure for affording such mutual assistance as may be required in making investigations and collecting evidence with respect to offenses alleged to have been committed by members of the armed forces of the United States. As a general rule it would probably be desirable that preliminary action should be taken by the Chinese authorities on behalf of the United States authorities where the witnesses or other persons from whom it is desired to obtain testimony are not members of the United States forces. In prosecutions in Chinese courts of persons who are not members of the United States forces, but where members of such forces are in any way concerned, the service authorities of the United States will be glad to render such assistance as is possible in obtaining testimony of members of such forces or in making appropriate investigations. Inasmuch as the interests of our common cause will best be served by provision that the foregoing arrangement may be placed on a reciprocal basis, the Government of the United States will be ready to make like arrangements to ensure to such Chinese forces as may be stationed in territory under United States jurisdiction a position corresponding to that of the United States forces in China. It is proposed that the foregoing arrangement shall be in effect during the present war and for a period of six months thereafter. If the above arrangement is acceptable to the Chinese Government, this note and the reply thereto accepting the provisions outlined shall be regarded as placing on record the understanding between our two Governments. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. His Excellency Dr. K. C. Wu, GEORGE ATCHESON, Jr. Political Vice Minister in charge of Ministerial Affairs, Chungking. 照會譯文 渝由商談而得之了解各節·奉 實貴我兩國政府代表 贵次長代理部務如下:渣美國政府之意願·係於此次 對共同敵人作戰存續期内凡美國海陸軍人員如或 在中國觸犯刑事罪應由該軍軍事法庭及軍事 當局單獨裁判·如間有以特別原因 美國政府軍事 當局或認為此項裁判,以不受理為宜,則 以不受理為宜,則建議每次均 應以書面 書向經由外交途徑通知中國政府·俾可由中國 當局從事裁判·兹保證在華美軍軍事法庭及軍 |