[This Document is the Property of His Britannic Majestys Government.]
AFFAIRS OF CHINA.
CONFIDENTIAL.
[39842]
[October 30.123 NOV 09)
SECTION 2.
86
No. 1.
Sir J. Jordan to Sir Edward Grey.-(Received October 30.)
(No. 320.) Sir,
Peking, September 7, 1909. I HAVE the honour to transmit to you herewith copies of two despatches from the acting British consul-general at Mukden, with enclosures, respecting the arrest of a British subject named Birkett, by the South Manchurian railway settlement police at Changchun.
Before receiving Mr. Willis' second despatch, I had approved the terms of the note which he had addressed to his Japanese colleague on the 28th ultimo, but from the enclosures in Mr. Willis' second despatch, it would appear that the Japanese authorities admit that the proper course would have been to have handed Birkett over to the Chinese authorities pending reference to the nearest British consular officer, and that he was only detained at the hotel out of consideration for his personal comfort.
The action of the Japanese authorities in this case contrasts favourably with that of the Russian authorities in the case of Craig and Company's agent at Harbin, reported in my immediately preceding despatch.
I have, &c.
Inclosure 1 in No. 1.
J. N. JORDAN,
(No. 38.) Sir,
Acting Consul-General Willis to Sir J. Jordan.
Mukden, August 28, 1909. YESTERDAY morning I received notice from the Japanese police at Mukden that one Birkett, a British subject, had been arrested by the South Manchurian railway settlement police at Chang-chun for having obtained credit from the Yamato hotel at that place, and attempting to leave without settling his account. Birkett was being sent to Mukden by the South Manchurian railway, and would arrive the same evening.
I at once saw Mr. Koike, my Japanese colleague, and arranged with him to take charge of the man at the railway station at Mukden. At the same time I told Mr. Koike clearly that I did not acknowledge the right of Japanese settlement police to arrest and detain British subjects. Mr. Koike replied that the Japanese Govern- ment claimed sole rights of administration in the railway areas, but added that he thought from his telegram that Birkett had not been arrested, but was coming down of his own free will.
In the absence of a constable attached to this consulate-general, and there being no possible place in my present quarters suitable for use as a cell, I was forced to request the assistance of the Chinese authorities for effecting the arrest and securing the detention of the accused. I thought it wiser to refuse Mr. Koike's offer of assistance, and the remainder of my colleagues are without facilities of this nature.
Although I remanded Birkett for ten days so as to give him a chance of proving the truth of his statements, I have little doubt but that he is a confirmed swindler. As long as the Japanese police are de facto administering the railway settlements it seems to me that we cannot well object to their arrest of British subjects when it is necessary, in the interests of justice; but in this case Birkett was in their charge from 1:30 P.M. on the 26th August until 6 P.M. on the 27th, when he was handed to me.
I consequently deemed it my duty to take exception to the action of the Japanese police, and accordingly I addressed a note to Mr. Koike, copy of which I have the honour to inclose.
I have, &c.
ROBERT WILLIS.
SC Jure
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