124 Australian Government to Addison, Fraser, Moodie

Cablegrams 118, 71, 109 CANBERRA, 12 March 1946

IMMEDIATE

Allied Council in Japan.

Following are our proposed instructions to Macmahon Ball as Member of the Allied Council. We should like to have your comments immediately as Ball is leaving for Tokyo by air on 18th March. [1]

(i) In all matters within the scope of the Allied Council as set out in the Moscow Communique of 28th December, 1945 [2] you will represent the views and interests of the Governments of Australia, the United Kingdom, New Zealand and India.

(ii) You will be instructed by the Australian Minister for External Affairs, acting on behalf of those Governments.

(iii) You will maintain consultation with the persons designated by those Governments as your advisers who will form for this pose a Committee of Advisers under your Chairmanship.

(iv) As Allied Council Member you will communicate direct with the Australian Minister for External Affairs, who will keep the Governments of the United Kingdom, New Zealand and India informed.

2. We would be glad to know whom you will appoint as adviser to Macmahon Ball in Tokyo. [3] We assume that you will be making your own arrangements re accommodation for adviser and staff. If this is not so, we would appreciate details as to numbers, rank and sex in order that we may make any necessary arrangements.

3. Australian Acting High Commissioner, Delhi please convey to Government of India.

1 India and New Zealand agreed to these instructions without comment on 14 March and the United Kingdom on 17 March. The instructions were conveyed to Ball on the day of his actual departure, 21 March.

2 The terms of reference of the Allied Council for Japan were:

1. There shall be established an Allied Council with its seat in Tokyo under the Chairmanship of the Supreme Commander for the Allied powers (or his deputy) for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the terms of surrender, the occupation and control of Japan and of directives supplementary thereto; and for the purpose of exercising the control authority herein granted.

2. The membership of the Allied Council shall consist of the Supreme Commander (or his deputy) who shall be chairman and United States member; a Union of Soviet Socialist Republics member; a Chinese member; and a member representing jointly the United Kingdom, Australia, New Zealand, and India.

3. Each member shall be entitled to have an appropriate staff consisting of military and civilian advisers.

4. The Allied Council shall meet not less often than once every two weeks.

5. The Supreme Commander shall issue all orders for the implementation of the terms of surrender, the occupation and control of Japan and directives supplementary thereto. In all cases action will be carried out under and through the Supreme Commander who is the sole executive authority for the Allied powers in Japan. He will consult and advise with the Council in advance of the issuance of orders on matters of substance the exigencies of the situation permitting. His decisions upon these matters shall be controlling.

6. If, regarding implementation of policy decisions of the Far Eastern Commission on questions concerning a change in the regime of control, fundamental changes in the Japanese constitutional structure, and a change in the Japanese Government as a whole, a member of the Council disagrees with the Supreme Commander (or his deputy) the Supreme Commander will withhold the issuance of orders on these questions pending agreement thereon in the Far Eastern Commission.

7. In cases of necessity the Supreme Commander may take decisions concerning the change of individual Ministers of the Japanese Government or concerning the filling of vacancies created by the resignation of individual cabinet members after appropriate preliminary consultation with the representatives of the other Allied powers on the Allied Council.

[AA:A1067, P46/10/33/14]