[This Document is the Property of His Britannic Majesty's Government, and should be returned to the Foreign Office if not required for official use.]
37
To JAPAN.
(F8353/4880/10)
Cypher telegram to Sir R. Craigie (Tokyo)
Foreign Office, 2nd November 1937, 10.15 p.m.
No. 447.
Commander-in-Chief's telegrams to the Amiralty No. 355
and 381 and your telegram o. 579 [of the 21st, 38th and 23rd
October respectively; Japanese air attack on oil barge belong-
ing to Asiatic Petroleum Company].
1, This appears to be a case of flagrant disregard by
subordinates of orders which Japanese government claim to have
given for the avoidance of attacks on the subjects of third
powers and their property. It also seems that regardless
of the nationality of the barge a direct attack on a non-
combatant is here in question.
2. Admiral Hasegawa's reply is quite unsatisfactory in its
implication that the Japanese navy need not exercise itself to
avoiù attacking British ships etc., if they happen to be in
proximity to Chinese ships etc.
3. Please make representations to the Japanese government
accordingly anu ask for an assurance that this atter will be
thoroughly investigated and disciplinary action taken against
those found responsible for this attack.
4. As regards prior notification, I consider that in
principle this should be as restricted as possible. There is practical force in the arguments adduced in your telegram No.579, but notification has not in all cases proved an effective safe- guard, and it is of the greatest importance to avoid giving any opportunity for the Japanese government now, or any other government subsequently, to claim that the duty of a belligerent to refrain from deliberate attack on non-combatants is in any way conditional on the taking on steps by the latter to secure their own safety, e.g. by notification of their intended movements. Addressed to Tokyo No. 47, repeated to Peking No. 504, Nankin, No. 434, Commander-in-Chief unnumbered and Hongkong unnumbered.