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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
Chungking, May 21, 1943.

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,
Ministry of Foreign 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

事當局對於該軍員被控於中國犯刑事罪而有 充分證據者·願加審理且有審理之能力,並於宣判 楼所犯刑事罪予以懲處。美國當局對於美國軍 像被控在中國犯刑事罪者·無論係准中國該管機 關通知或係美國當局自行發覺·原則上均願調查 並予適當處理·美國軍隊之任何人员如對平民有 犯罪行為·美國軍事當局於不妨害軍事安全範 圍內當於離被控犯罪地點相當距離之中國地方迅 速公開審理·庶案内人證·毋須跋涉長途·即可到案 富。美國主管當局並準備與中國當局合作對

(三)

於美國軍事人員被控犯罪之偵查案情及搜集證 據·安定互助辦法·按通常規例如擬向其取供之案内 人證等·並非美軍人員則應由中國當局代美國當局 向證人等辦理初步取供手續·至於中國法院辦理之 案件被控者非美軍人員而彼等與案情有關時, 美國軍事當局於可能肉亦樂予協助·向其取供或 於案情作適當之偵查。上述辦法如能根據互惠原 則施行·則為共 標計更覺有盖 故美國政府準 備如中國在美國轄境内駐軍·亦以同樣辦法·擔保 該中國軍隊有與在華美軍相同之地位。兹建議開

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