to remain under hazardous conditions. The American Embassy in China on July 26, 1949, publicly warned all Americans in China that the Chinese Communists "had demonstrated an inability or unwillingness to afford adequate protection to foreigners or to safeguard their individual liberties, particularly in connection with arrest, detention, trial and mob action."

Many Americans left in the face of these warnings, and where no adequate means of transportation were available this Government assisted them in departing by providing military air and sea transport. There are still about 300 Americans in Communist China. Most are engaged in business or missionary activities, and are not in prison, although some 30 had been reported to be under house arrest. Seven of these are now reported to have been released. However, as in some instances final confirmation has not yet been received, the Department cannot make their names public. The situation is complicated by the difficulty in obtaining accurate and up-to-date information in many cases.

Two of the 32 persons formerly listed as in prison have now been released and have left China. In addition, Philip Cline, who had been under arrest, was released from prison, but died in a Chinese hospital. The Department has also received further information reporting that one person formerly believed to be under house arrest is now in prison and that two additional Americans were arrested in August and September, leaving this total at 32.

The Department continues to make every effort to free those held in prison or detained against their will. The Department, however, does not consider it advisable at this time to make public all the details regarding the steps it is taking and has taken to accomplish the release of detained Americans.

89. CONTINUED DETENTION OF OF UNITED STATES NATIONALS: Statement by the Department of State, October 9, 19532

The Department of State is very seriously concerned over the continued imprisonment, detention and maltreatment of American citizens in Communist China. There are now 33 Americans in Chinese Communist jails, some of whom have been imprisoned for 2 years. The Chinese Communist regime has not published the charges on which most of these Americans are being held. The Chinese Communists have not answered the numerous protests and notes which the British representatives in Peiping have presented on our behalf. In the case of the 3 Americans seized on the yacht Kert last March 21, the Chinese Communists have released no information, despite the

1 Department of State Bulletin, Aug. 8, 1949, p. 197. The quoted passage reads as follows: ". . . the Chinese Communist authorities have thus far, in areas under their control, demonstrated in many cases an inability or unwilling

ness.

2 Ibid, Oct. 26, 1953, pp. 551–552.

appeal made by the British representative at Peiping on March 28, 1953.

We have also asked the Soviet Union to assist on several occasions. The first request was made by our Embassy at Moscow in September 1951. On March 25 of this year Ambassador Lodge asked the Soviet delegate during debate at the United Nations if the Soviet Union could furnish any information about the Americans, including Donald Dixon and Richard Applegate. Our Embassy in Moscow also has made several approaches to the Soviet Foreign Office this year.

The Department will not overlook any possibility of obtaining the release of all the Americans unjustly imprisoned by the Chinese Communists or denied the right to leave Communist China.

90. NEGOTIATIONS AT THE CONSULAR LEVEL FOR THE RELEASE OF UNITED STATES NATIONALS: Statement by the Department of State, March 1, 1955 2

3

While U.N. Secretary-General Hammarskjold continues his efforts to secure the release of American military personnel of the United Nations Command imprisoned in Communist China, a continuing effort is also being made by the U.S. Government to secure the release of other detained and imprisoned Americans. Yesterday the U.S. Consul General at Geneva met with a Chinese Communist representative to renew U.S. demands for release of these American citizens from their unwarranted detention. The Communist representative, however, reiterated the Communist position that no Americans are being unjustly detained.

This was the 11th in a series of meetings held at Geneva since last June on this subject. During this period 18 Americans who had been imprisoned or otherwise detained have left Communist China, including Dr. Malcolm Bersohn and Mrs. W. A. Rickett, who were released on the Hong Kong border on February 27.

Twenty-six American civilians, including John T. Downey and Richard G. Fecteau, remain in jail; three are under house arrest; and twelve others are still denied exit permits.

The Consul General also inquired specifically as to the welfare of a number of the detained Americans from whom no correspondence has been received although the Communists gave assurances in June 1954 that all detained Americans would be permitted to correspond with relatives. He requested that the Chinese Communist Red Cross expedite mail deliveries. He also sought assurances that imprisoned Americans who need medical attention or hospital care would receive it. The Communist representative stated that those who were ill would receive medical care and attention. He promised to reply later to 1 See Department of State Bulletin, Apr. 13, 1953, p. 546.

2 Ibid., Mar. 14, 1955, pp. 429–430.

3 See Secretary-General Hammarskjold's report of Sept. 9, 1955; infra, pp. 2713-2714.

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the Consul General's requests for information on the welfare of Americans who had not been heard from and stated that Red Cross channels were available for transmission of letters and small parcels, including food and medicines, from the families.

91. RESCINDING OF RESTRAINING ORDERS ON CHINESE STUDENTS IN THE UNITED STATES: Statement by the Department of State, April 2, 19551

The program of emergency aid to Chinese students and scholars is expected to terminate on June 30, 1955. This, of course, does not affect the regular exchange program which is in effect between the United States and the Republic of China. No grants for tuition or maintenance under this emergency program can be continued or renewed after June 30, no requests for thesis or dissertation costs received after this date can be honored, and no requests for emergency medical expenses can be given consideration. Chinese students and scholars who desire to return to the Far East and who are eligible for travel grants to cover minimum expenses for transportation must be in actual travel status on or before June 30 in order to qualify for the grants. However, grantees wishing financial assistance for return travel prior to June 30 must present through their university representative substantial evidence to the Department of their need of financial aid for this purpose and of their definite arrangements for departure. All applicants for travel grants must present written permission from the Immigration and Naturalization Service to leave the country.

It has been brought to the attention of the Department of State that some Chinese students may refrain from applying to the Immigration and Naturalization Service for permission to depart from the United States for fear of being refused. This fear apparently is based on the fact that a number of technically trained Chinese students have in the past been refused permission to depart from the United States under section 215 (a) of the Immigration and Nationality Act of 1952. In this connection the Department wishes to point out that the cases of such students have been in process of reexamination. As a consequence, restraining orders were rescinded on March 31 by the Immigration and Naturalization Service in the cases of 76 of these students, who are now free to depart, and it is anticipated that action will shortly be completed by the Immigration and Naturalization Service on the few remaining cases.*

1 Department of State Bulletin, Apr. 11, 1955, p. 627.

2 This emergency aid program was established by an agreement between the Department of State and the Economic Cooperation Administration, Mar. 23, 1949, with funds allocated under the China Aid Act of 1948.

3 Act of June 27, 1952; 66 Stat. 163.

4 See statement of May 29, 1954, by the U.S. delegation to the Geneva Conference; Department of State Bulletin, June 21, 1954, pp. 949-950.

92. CONTINUED NEGOTIATIONS AT THE CONSULAR LEVEL FOR THE RELEASE OF UNITED STATES NATIONALS DETAINED BY CHINESE COMMUNIST AUTHORITIES: Statement by the Department of State, June 1, 1955 1

As part of a series of talks that have been in progress ever since the Geneva Conference last summer, our Consul General at Geneva, Mr. Franklin C. Gowen, has just had another conversation with the Chinese Communists. On May 16 he requested a meeting with the Chinese Communist representative to take up again the question of the continuing detention and the welfare of American citizens in Communist China. The Chinese Communists agreed to meet with Mr. Gowen on May 30.

The meeting was held at the Hotel Beau Rivage at Geneva where the other meetings have also been held. At that time the Chinese Communist representative informed Mr. Gowen of the prospective release of the four Air Force men, who have been released, and a statement was volunteered that the purpose of their release was to relieve international tensions. Mr. Gowen reviewed the plight of the other Americans still held and he renewed his request for information that had been promised on all cases of Americans imprisoned or otherwise. detained by the Chinese Communists. He presented revised lists of Americans, both military and civilians, held in Communist China, and he renewed demands for their release.

In the lists which Mr. Gowen presented, there were 53 names, as follows: 42 civilians, of whom 25 are imprisoned, four are under house arrest, and 13 have been refused exit visas; and 11 military admittedly being held by the Chinese Communists, as well as the 11 Navy and Coast Guard personnel whom the Red Chinese have specifically denied they hold.

With reference to cases of Chinese students in the United States, the Consul General pointed out that restrictions have been removed and that those students who have expressed a desire to return to their home in China are free to do so. That has been known for some time. Nevertheless, the Consul General stressed it again.

The Chinese Communist representative stated that he would send a report of the meeting to his government, together with the revised lists of Americans held in China, and he said that the questions Mr. Gowen had raised would be examined and he would reply later. No date has been set for another meeting. Presumably that will await word now from the representative of Red China.

1 Department of State Bulletin, June 13, 1955, pp. 953-954.

2 See statement of Apr. 2, 1955, by the Department of State; supra.

93. NEGOTIATIONS AT THE AMBASSADORIAL LEVEL FOR THE RELEASE OF UNITED STATES NATIONALS: Joint Communiqué by Representatives of the United States and Communist China, July 25, 1955 1

As a result of communication between the United States and the People's Republic of China through the diplomatic channels of the United Kingdom, it has been agreed that the talks held in the last year between consular representatives of both sides at Geneva should be conducted on ambassadorial level in order to aid in settling the matter of repatriation of civilians who desire to return to their respective countries and to facilitate further discussions and settlement of certain other practical matters now at issue between both sides. The first meeting of ambassadorial representatives of both sides will take place on August 1, 1955 at Geneva.

94. AGREED MEASURES FOR THE RETURN OF UNITED STATES AND CHINESE CIVILIANS: Joint Statement by Representatives of the United States and Communist China, September 10, 1955 2

The Ambassadors of the United States of America and the People's Republic of China have agreed to announce measures which their respective governments have adopted concerning the return of civilians to their respective countries.

With respect to Chinese in the United States, Ambassador U. Alexis Johnson, on behalf of the United States, has informed Ambassador Wang Ping-nan that:

1. The United States recognizes that Chinese in the United States who desire to return to the People's Republic of China are entitled to do so and declares that it has adopted and will further adopt appropriate measures so that they can expeditiously exercise their right to return.

2. The Government of the Republic of India will be invited to assist in the return to the People's Republic of China of those who desire to do so as follows:

A. If any Chinese in the United States believes that contrary to the declared policy of the United States he is encountering obstruction in departure, he may so inform the Embassy of the Republic of India in the United States and request it to make representations on his behalf to the United States Government. If desired by the

1 Department of State Bulletin, Aug. 8, 1955, p. 219. See also statement of July 25, 1955, by the Department of State; ibid.

2 Ibid., Sept. 19, 1955, p. 456; see also statement by Ambassador Johnson, Sept. 10, 1955, and list of Americans released by the Communist authorities; ibid., pp. 456-457.