FER
134
In any further communication on this subject, please quote
No.
F 919/141/10
and address
not to any person by name,
but to
The Under-Secretary of State,"
Foreign Office,
London, S.W.1.
RECEIVED
28FEB 1930
ICOL.OFFICE
6
FOREIGN OFFICE,
S.W. 1.
5
27th February, 1930.
Sir,
I am directed by Mr. Secretary Henderson to refer to
Colonial Office letter No. 72710/30 of the 14th instant,
regarding claims arising out of the suspension of through
traffic on the Canton-Kowloon Railway.
2.
on the
Mr. Henderson is advised that the claim
part of the British Section of the Canton-Kowloon Railway
for compensation in respect of the suspension of traffic
is legally extremely weak, and that it is practically
impossible to saddle the Chinese Government with the
responsibility of preventing damage during a period of
revolutionary disturbance, while it is also open to them
to plead that the damage arose out of acts of lawful warfare.
The claim in equity does not rest on a sound legal basis,
nor would it be likely to succeed, and it would in
In
Mr. Henderson's view be unwise to press it. His Majesty's
Government have so many large and valid claims outstanding
against the Chinese Government that it would in Mr. Henderson's
view be injudicious to put forward a claim resting on no
legal grounds and having no prospects of being allowed.
the circumstances Mr. Henderson is very doubtful of the
wisdom of presenting even a modified claim on behalf of the
British Section of the Railway: he is, however, prepared to
ascertain the views of His Majesty's Minister at Peking as to
the advisability of this course if Lord Passfield so desires.
I am,
Sir,
Your obedient Servant,
Ciw. Orde
The Under-Secretary of State,
Colonial Office.