97. PROTEST AGAINST ATTACK ON BRITISH CATHAY PACIFIC AIRLINER: Note From the United States Government to the Chinese Communist Authorities at Peiping, Transmitted by the British Chargé d'Affaires,' July 27, 1954 2

[First Note]

The Government of the United States protests vigorously against the barbarous and lawless attack on July 23, 1954 at approximately 8:45 a.m. local time, against a British Cathay Pacific unarmed and defenceless commercial airliner and its passengers. This unwarranted unprovoked attack occurred over international waters about 30 miles south of Hainan Island. It resulted in the killing of three United States citizens, including two children of tender age, two and four years, and the wounding of three other United States citizens, including a child aged six. The Government of the United States demands appropriate punishment of all the persons having responsibility for this criminal attack as well as compensation for the victims and families of the deceased. The Government of the United States demands that measures be taken to guard against a repetition of such action and the British Government be informed of the nature of such

measures.

98. PROTEST AGAINST ATTACK ON UNITED STATES AIRCRAFT IN RESCUE WORK ON THE BRITISH CATHAY PACIFIC AIRLINER: Note From the United States Government to the Chinese Communist Authorities at Peiping, Transmitted by the British Chargé d'Affaires, July 27, 1954 3

[Second Note]

The United States Defence authorities have received an official report from the United States Naval authorities in the Pacific that on July 26 at approximately 10:05 a.m. local time two United States carrier-based aircraft while searching the area of attack on the Cathay Pacific Aircraft were attacked and fired on by two Chinese LA-9 aircraft. This incident occurred well over the international waters approximately 13 miles from Hainan. The United States pilots involved report that during this wanton and unprovoked attack a Chinese gunboat also opened fire on the United States aircraft which, as stated above, were engaged on a mission of mercy search in the vicinity for possible survivors of the incident of July 23. The Government of the United States protests most strongly against these attacks and demands that those responsible be adequately punished, that

1 Humphrey Trevelyan.

2 Department of State Bulletin, Aug. 9, 1954, pp. 196–197. Mr. Trevelyan had previously made an oral protest. The Communist authorities later returned the note to the British Embassy.

3 Ibid., p. 197. The Communist authorities later returned the note to the British Embassy.

immediate effective steps be taken to ensure that there be no repetition of this deplorable attack and that the British Government be informed as to the nature of such measures. The Government of the United States reserves its right to present a claim for possible damage and injury after thorough investigation has been completed.

99. REJECTION OF SOVIET CHARGES OF UNITED STATES INTERFERENCE WITH THE SOVIET TANKER TUAPSE: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, June 26, 19541

The United States Government refers to the Soviet Government's note of June 24 regarding interception of the Soviet tanker Tuapse by a war vessel of the destroyer type in Far Eastern waters. 2

The United States Government rejects as completely without foundation the allegations made by the Soviet Government that Naval Forces of the United States have seized or otherwise interfered with the movement of the Soviet tanker in question.

100. RENEWED REJECTION OF SOVIET CHARGES: Note From the American Embassy at Moscow to the Soviet Foreign Ministry, July 4, 1954 3

The United States Government refers to the Soviet Government's note of July 2 with further reference to the Soviet tanker Tuapse. The Soviet Government is well aware that the vessel in question was not seized by the naval forces of the United States and that it has not been detained by United States authorities. The United States Government therefore has nothing further to add to its note of June 26 rejecting the unfounded charges of the Soviet Government in this matter.

101. DENIAL OF ANY RESPONSIBILITY IN THE CASE OF THE TUAPSE AND ITS CREW: Statement by the Department of State, August 8, 1955 6

7

The Soviet Chargé d'Affaires presented an aide memoire to the Under Secretary this afternoon concerning the case of the Soviet tanker Tuapse. The aide memoire expressed the satisfaction of the

• Ibid.

5 Supra.

Department of State Bulletin, Aug. 22, 1955, p. 302. 7 Not printed.

Soviet Union that 29 members of the Tuapse crew have returned to the Soviet Union but stated that the Soviet Government was disturbed by the fact that 20 members of the crew were still being held and that the tanker itself had not been returned. The aide memoire said that the Soviet Government expects the United States Government to take the necessary measures for the return of the remaining members of the crew of the Tuapse. The aide memoire concluded by saying that the Soviet Government expects the Government of the United States of America will take appropriate steps toward the return to the Soviet Union of the tanker.

In commenting on the contents of the Soviet aide memoire, the Under Secretary stated to the Soviet Chargé that he wished to make very clear that the case of the Tuapse and its crew was one entirely within the jurisdiction of the Government of the Republic of China and that the United States Government had nothing whatever to do with it. So far as the cases of the men who have chosen not to return to the Soviet Union are concerned, the Under Secretary said he was not personally acquainted with the details in this regard. However, he noted to the Soviet Chargé that if the United States Government had any control over the matter, which it did not, the attitude of the United States Government would be that the men were perfectly free to make up their own mind as to where they wished to reside.

102. DENIAL OF POLISH CHARGES OF UNITED STATES INTERFERENCE WITH THE POLISH TANKER PRACA: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, October 20, 1953 1

1

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and on instructions of the United States Government has the honor to reply to the Ministry's note of October 122 with respect to the interception of the Polish flag tanker Praca by naval forces of the Chinese Government. The United States Government rejects categorically the false charges contained in the Ministry's note and wishes to make clear to the Polish Government that the United States Government had no connection with the detention of the Praca.

103. DENIAL OF POLISH CHARGES OF UNITED STATES INTERFERENCE WITH THE POLISH FREIGHTER GOTTWALD: Statement by the Department of State, May 21, 1954 1

In a note of May 15 2 delivered to the American Embassy in Warsaw the Polish Government referred to a report that the Polish merchant ship Gottwald had been intercepted by naval forces of the Government of the Republic of China. As in the case of the Polish tanker Praca 3 which was similarly intercepted in October 1953, the Polish Government sought to impose upon the U.S. Government responsibility for the action against the Gottwald. On May 20 this Government replied to the Polish note through our Embassy in Warsaw. The substantive portion of our note is as follows:

"The U.S. Government rejects as completely without foundation the allegations made by the Polish Government. The United States Government has had no connection whatever with this incident.

"Furthermore, as has been clearly stated before, and as the Polish Government must be well aware, propaganda charges involving the United States Government in the Praca case are also completely false."

104. DENIAL OF ANY RESPONSIBILITY IN CONNECTION WITH THE PRACA AND THE GOTTWALD AND THEIR CREWS: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, December 8, 1954 +

4

The Embassy of the United States presents [its] compliments to the Ministry of Foreign Affairs and refers to its note of November 20, 1954.5 The United States Government again rejects as without basis in fact the version contained in that note of the interception of the Polish-flag vessels Praca and Gottwald. The United States had no connection with this action or with the decision of so many crew members from these ships to seek asylum.

These vessels were intercepted by the naval forces of the Republic of China. If the Polish Government is genuinely interested in pursuing this matter in a practical way rather than in dispatching a series of notes purely for propaganda purposes, it could seek a solution of this issue with the Government of the Republic of China through diplomatic channels.

The note of the Polish Government refers to the presence in the area of the Island of Formosa of aircraft of the United States Navy. These United States aircraft operate in conjunction with the Seventh Fleet of the United States Navy, which has been ordered by the

1 Department of State Bulletin, May 31, 1954, pp. 824-825.

2 Not printed.

3 See American note of Oct. 20, 1953; supra.

• Department of State Bulletin, Dec. 27, 1954, pp. 982-983. See also discussion of the Polish charges in the United Nations; ibid., pp. 996–1003.

Ibid., pp. 983-984.

President of the United States to patrol the waters around Formosa in order to prevent an attack on that island. The mission of the Seventh Fleet has been and will continue to be to contribute to the security of the Far East. The United States reaffirms its intention to devote its efforts to the maintenance of peace and stability in that area and hopes that other governments will contribute their efforts to the same end.

In discussing the decision of the officers and crew of the two vessels to seek asylum in the free world, the Polish Government's note reveals its concern that large numbers of Poles have fled from their homeland. Many of these people who have escaped from political and religious persecution in Poland, or have refused to return there, have sought asylum in the United States. The United States Government, true to its traditional policies of granting asylum to those suffering from oppression, has welcomed and will continue to welcome persons such as the Polish officers and seamen from the Praca and Gottwald who sought refuge in this country.

105. FINAL

REJECTION OF POLISH ALLEGATION OF RESPONSIBILITY IN THE CASES OF THE PRACA AND THE GOTTWALD: Note From the American Embassy at Warsaw to the Polish Foreign Ministry, February 21, 1955 1

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and in accordance with instructions received from the United States Government has the honor to reply to the Ministry's note of February 12, 1955,2 concerning the detention of two merchant vessels, the Praca and the Gottwald, by the navy of the Government of the Republic of China.

The United States Government has repeatedly and categorically rejected the Polish Government's false charges alleging United States responsibility in this matter The United States Government once again rejects these charges and wishes it clearly understood that the United States considers inadmissible the Polish Government's attempt to determine the applicability of United States legislation to alleged United States conduct.

On December 17, 1954, by a vote of 44 to 5, the General Assembly of the United Nations rejected similar charges made against the United States by the Soviet Union. The United States Government is confident that that decision was an accurate reflection of world opinion in recognizing the true nature and purposes of such accusations as are contained in the present note of the Polish Government.

1 Department of State Bulletin, Mar. 14, 1955, p. 430.

2 Ibid., pp. 430-432.

3 Res. 821 (IX); General Assembly, Official Records, Ninth Session, Supplement No. 21 (A/2890), pp. 9-10. See also Annual Report of the Secretary-General on the Work of the Organization, 1 July 1954-15 June 1955 (A/2911), pp. 15–16.