893.00/7–1746: Telegram
The Minister-Counselor of Embassy in China (Butterworth) to the Secretary of State
[Received July 17—8:17 a.m.]
1156. [To Kunming:] Government of US has strongly disapproved principle of asylum as such and has declined to recognize or subscribe to it as part of international law. It has, however, on occasion sanctioned the granting of temporary refuge by American diplomatic and consular missions when the affording of such refuge seemed necessary in the sound discretion of the responsible officer for the preservation of human life. (Contel 65, July 5 [15], 1 [10?] p.m.)42 In no case should shelter be continued after the emergency has passed.
Acting upon your estimate situation I forcefully discussed assassinations with FonMin this morning and expresssed concern over a situation which would prompt group of eminent Chinese intellectuals [Page 1382] to seek refuge in American consular establishment in China. FonMin who professed no knowlege of assassinations other than brief news reports, agreed to institute immediate inquiries with a view to assuring the future safety of the individuals concerned. I will inform you when action has been taken by Foreign Minister. In the meantime you may continue offer protection if you deem situation continues to warrant such action.
With regard to the penultimate paragraph of your message please note that the persons enjoying sanctuary on your premises are in no position to impose conditions precedent to their leaving the consular premises. You should impress upon them that your action was discretionary on your part for the purpose of affording temporary refuge where you deemed it immediately necessary for the preservation of innocent human life.
Sent Kunming 63; repeated Department 1156.
- See supra.↩