S/PV.757 Security Council

Under Article 15 of the Statute of the International Court of Justice, the term of office of the judge elected to replace Mr. Hsu Mo expires on 5 February 1958. 1 should like to draw your attention to the memorandum by the Secretary-General on the election of members of the International Court of Justice [S/3688]. 2. In September 1956, at its 733rd meeting, the Security Council decided that the election to fill this particular vacancy in the Court should be held ~ring the eleventh session of the General Assembly. The biographical data on the candidates are to be found in documents S/3662 and Add.3. 3. The Secretariat will distribute the ballot papers for the election. Ballots containing more than one name will be considered invalid. Ballots containing names other than those on the list of candidates will also be invalid. 4. In accordance with paragraph 1 of Article 10 of the Statute of the Court, candidates who obtain an abso!ute majority of votes in the General Assembly and in the Security Council shall be con3idered as elected. Consequently, the candidate receiving six or more votes will be considered as elected by the Security Council. 5. And now, let us proceed with the election.

1 am surprised to find included in the ballot paper just distributed by the 8. Ml'. TSIA~G (China): 1wish to add that the refusaIs of Mr. Cheng and :\Ir. Liang to be candid~tes have been communicated to the Council by the Secretary- General in documents S/3662/Add.2 and S/3662/Add.5, respectively. 9. The PRESIDE~T (translated lrom Spanish): There is no argument as to the substance of the question. But 1 must point out to the representative Qf China that under Article ï of the Statute of the Court, those names had to appear. Observance of that formality in accordance with Article 7 does not, however, alter the facts mentioned by the representative of China and confirmed by the documents to which he referred. 10. To ensure that the rnembers of the Council have a complete picture of the list of candidates prepared in accordance with Article 7, 1 should point out that, as stated in document S/3662/Add.5, Ml'. Plinio Bolla (Switzerland) has also withdrawn. 11. Will representatives kindly hand in their ballot papers? A vote was taken by secret ballot. Number of ballot papers . .. 11 1nvalid ballots. . . . . . . . . . . . . . . . . . . . . . . . . . . Ù Number 01 vaUd ballots. . . . . . . . . . . . . . . . . . . 11 Number 01 members voting . . . . . . . . . . . . . . . . 11 Required majority. . . . . . . . . . . . . . . . . . . . . . . . 6 Number 01 votes obtained: Ml'. Wellington Koo (China) 8 Mr. Shigeru Kuriyama (Japan) . . . . . . . . . 3

Having obtained the required majority, :\fr. V. K. Wellington Koo (China) was elected by the Security Council. Ml'. Shigeru Kuriyama (Japan) obtained 3 votes. 13. 1am sending the President of the General Assembly a note at once, informing him of the result of the election held by the Security Council. 14. We must await the result of the election in the Ass..mbly. 1 would ask the members of the Council 10 remain in their seats until we know what the General Assembly bas decided. The meeting rose at 11.15 a.m.