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Sir W. Malkin.
Minutes.
Mr. Warren Swire rang me up yesterday to say that a letter asking certain questions was on its way; that since writing it he had had a talk with Sir G. Moss (a retired China Consul- General now serving with M.E.W.), who had told him that the right person to apply to was yourself; and that perhaps the best course would be for him (Mr. Swire) to discuss the questions with you, if you would be good enough to give him an interview. I said that I preferred to await the letter and see what the questions were before giving any opinion.
You may already know Mr. Swire. He is the embodiment of the "Shanghai mind" in his opinions of H. M. Government and officialdom in general, but is evidently not above getting a free legal opinion from us. He occupies an influential position in London where matters connected with China are concerned and we do not want to be "stuffy" with him. He comes occasionally to see me and we engage in sparring matches. I treat him in his own vein.
I imagine the short reply to the present letter is that on legal matters of this kind we exist to advise the Secretary of State but not the general public; and that he should employ a lawyer. If you agree, we can dress up the answer with due regard to the above factors. On the other hand, you may feel disposed to go so far as to say that while we cannot take responsibility for answering his questions you would be prepared to discuss them informally with him or his legal adviser. so far as they concern the Foreign Office.
J.C. Sterndale Bennett.
5th February, 1942.
Some of these questions, e.g. 1 and 2, relate to matters as to which Mr. Swire can only be told to consult his own lawyers, and in so far as any Government Department could properly be asked to help about the others, it is a matter for the Trading with the Enemy Branch and not for us. If you want to oblige Mr. Swire so far as you reasonably can and do not want to increase the already bad opinion which he holds of Government Departments, I suggest that someone in your Department who is in touch with the Branch should have a word with them on the telephone, tell them about Mr. Swire and his communication, and ask whether some responsible person there would be willing to see him and give him such assistance as he properly can; I dare say Mr. McCombe would be willing to see him himself if we explained that the gentleman is/
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