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not to be taken by a local air commander on his own responsibility, and therefore before any such action was initiated the occurrence ought to be reported home in order that His Majesty's Government might decide on the action to be taken. This would, I think, be so in any case, but the necessity for a reference home is particularly great in the present case, because to initiate hostilities against Canton would in practice amount to the recognition of Canton as a state independent of the rest of China, unless indeed we were prepared to go to war with China as a whole, and therefore especially careful consideration would be necessary before a decision
were taken.
On the assumption that the aeroplane not only flew over Hong Kong but dropped a bomb, I do not think the Hong Kong Aircraft Ordinance, 1912, is material. It would only come in if the aeroplane flew over Hong Kong without dropping bombs, and in the absence of any regul- ations made under Section 4(2) I think it would be difficult to justify firing on the aeroplane in the circumstances.
I am treating the matter semi-officially as you desire, but I am putting the papers on record here and sending a copy to Harkey.
Yours sincerely,
(Sgd.) H.7. Malkin.
I return the Hong Kong Ordinance.
S.24154 (S.4).
SECRET.
27th October, 1926.
Dear Malkin,
I venture to write to you for a semi-official opinion on the following two questions which have been put to us by the Air Staff and which I hesitate to put in a formal letter to the Foreign Office because I feel the Foreign Office would probably not like to make any official pronouncement on the subject. The questions are:-
(a)
(b)
If a Cantonese aeroplane drops a bomb on Hong Kong in 'peace-time' is the local authority entitled to shoot it down with gunfire or fighter aircraft?
Assuming bombs to have been dropped on Hong Kong, are Britiah aircraft entitled to carry out reprisals against the Cantonese air base, prior to declarat ion of hostilities?
I enclose the Hong Kong Aircraft Ordinance, 1912 (Revision of 1924), which I should be obliged if you would return. I am informed that no regulations have been made of the kind contemplated in Section 4 of the Ordinance.
would be:-
(a)
(b)
My own tentative reply to the two questions
Yes, the aircraft can be shot down, because otherwise it might return and drop a second bomb. If it is reasonably to be inferred from the circumstances that the dropping of bombs was an international act, authorised by the Cantones A
Malkin Esq., C.B., C.M.G., Legal Adviser,
Foreign Office,
Downing Street, S.W.1.