6
Having regard to the last paragraph of
has
No.1, it appears that the 0.A.G. proceeded upon the
assumption that a state of war exists between
China and Japan.
We should, of course, tell him that he
must deal with the matter upon a peace time basis,
but it seems hardly necessary for the Foreign Office
and ourselves to give him advice (for which he has
not asked) as to the interpretation of the
provisions of the 1927 Order in Council.
In all the circumstances, however, there
can be no harm in telegraphing on the lines of the
attached draft as now amended by me. Something
should be said, I think, about Articles 11 and
19(ii) which were not mentioned in our letter of
9/10/37 (No.2), and I have made the necessary
addition in the draft.
I rang up Sir W.Malkin on the telephone
about this yesterday, and I understood from him
that Mr.Fitzmaurice, who is at present on leave and
on whose advice the Foreign Office letter (No.4)
was apparently based, did not go into the question
of the possible powers of detaining aircraft
under the articles mentioned above.
We might ask the Foreign Office if they
concur in the revised draft telegram before it is
sent.
14. Duncan.
21/10/37.
Yes. But we Med
bet a
M
·
#Q Dowell
Expedite this
is dated
Е
M.co.atrace.