The Archive · 1939

The Outside Roads

With the present impasse between the Municipality of Greater Shanghai, and the Municipal Council of the International Set-tiement over the question of the outside roads, conditions in the western Area are far from good, and it is now suggested that the time has come when a further effort should be made for the purpose of arriving at some solution of this very vexed question which has remained unsettled all too long.

The present position appears to be this Mayor Fu Siao-en has stated in an interview which he gave to the Press that it is essential to any settlement of the outside roads question that it be recognized that they are situated in Chinese territory, and subject to Chinese sovereignty. In this connection it may be mentioned that there never has been on the part of the Municipal Council' any denial of the Mayor's contention, though the Secretary and Commissioner General has stated in an interview to the press that the Council has no intention of voluntarily sur-yendering its rights on the outside roads. Thus issue is joined, and, while it is all very interesting from the point of view of theorem tical disputation, the fact remains that it is. of very little value to the residents in the areas involved, that the present situation in those districts' is not only undignified and ridiculous, but that the only advantage acerning to' anyone is distinctly in favour of the criminal clements which have been reaping a rich harvest out of a completely anomalous situation. That a settlement is urgently needed, if only for the purpose of repressing criminality, is, it is urged, obvious. The Municipality of Greater Shanghai, just as much as the Shanghai Municipal Council, owe it to themselves and their constituents that an carly termination shall be put to this unfortunate state of affairs, and nothing has been revealed up to the present to support the idea that, given good faith and a real desire to arrive at an adjustment on both sides, it could not be done. It is not desired at this Juncture to discuss where the responsibility lies for the present impasse, but it is urged, with the completest possible confidence, that the past history of this controversy has clearly demonstrated that the problem presented is not incapable of a solution satisfactory to both parties.

It may not, therefore, be inopportune to suggest lines upon which it would seem that his issue can be brought to a solution compatible with the dignity of both parties to the dispute. The Mayor has stated that Chinese sovereignty must be recognized. There should be no difficulty wherever on this point. The Municipal Council has at all times recognized that there is a fundamental distinction between the outside roads and the International Settlement proper, and the basis of all negotiations which took place between the former City Government and the Council was a recognition by the foreign authorities of Chinese sovereignty. It follows, therefore, that recognition of that fact is quite in keeping with the exercise of certain administrative rights by the Shanghai Municipal Council in an area for the development of which it has been mainly responsible, and there can nothing inconsistent with a recognition of Chinese sovereignty in claiming that the Council may rightly exercise policing rights over roads, which have been paid for out of 'Municipal funds, which have been built by the Council, and which it has maintained, and is still' maintaining. The Council has spent large sums of money in developing these roads, and a large foreign population has gone to live in the area they serve relying upon Council police protection, and the administrative services of the International Settlement. Thus very briefly may be summed up the position as it is understood to exist between the two authorities concerned. In striving to arrive at a compromise acceptable {o all there is little to be gained by further discussion of the various legal contentions which have been advanced so frequently over so many years. There is, however, one fact always be borne in mind, and that is that, for the past seventy-three years, the Municipal Coupell has owned, and maintained roads outside the International Settlement, and that without any objection on the part of the Chinese Government until comparatively recent times. The point is mentioned because if the Municipal Council were wrong in establishing sch roads, the Chinese Government was equally remiss in not insisting upon its rights from the very outset, and permi ting the Council to err in the manner it is now claimed they did.

That being the case the necessity for a compromise solution is all the more appar ent, as being the only really satisfactory manner in which this matter can be di: posed of. The taken, however, that men of goodwill and common-sense" will readily admit that after this great lapse of ime the Council cannot rightly be asked to! abandon rights which it has exercised for so many years in perfect good faith, and at the wish of the inhabitants of the areas involved. Before the present Sino-Japanese hostilities, when this same issue was raised, the staunchest upholders of the Cout rights in the matter of the outside roads were the Japanese. It has been contended by many best qualified to judge that, had it not been for the firm stand adopicd by the Japanese, a settlement of this problem might fave been reached some three years ago. The most obvious people now to assist in reaching a settlement now are the Japanese themselves. They form an integral and important part of the community; the Japanese [Consul-General has equal rights with hi colleagues of the Consular Body; the Japan: fosse Naval Landing Party is one of the forces ce-operating in the defence of the International Settlement, while on the other hand they are friendly' with Mr. Fu Siao-en's ad~ ministration the credit and reputation of which they are anxious to increase. They fare then the most obvious mediators in the resent dispute, though their effectiveness in this matter might be considerably assisted were the Senior Consul also prevailed upon to take a hand in the matter. If by such means the Japanese were able to bring about 'a settlement of the dispute, they would considerably enhance their own prestige, and earn the goodwill of the rest of the foreign community, improve the standing of the adminis tration headed by Mr. Fu Sino-en, and would render a very real service to Shanghai. Before the present hostilities the Municipal Council was willing to consider any reasonable proposal for police ce-operation, and at tone time was prepared to consider even proposals for the creation of a joint force in the area involved. In spite of the fact that it has spent large sums of money on the development of the outside road areas, the Council, it is believed, has always recognized that those who live on Council roads are interested in the development the enclaves which lie behind them, and that a grant might be given for that' purpose. Here would seem to be the basis of some financial accord. The Council cannot be expected to surrender its rights, but it can be expected 10 agree to some reasonable proposal for a compromise, and, if the authori ties mentioned were to take the lead in ini ting a discussion, a final agreement: may yet be reached. a

Text read from the printed page and cleaned; old type leaves the occasional error.

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