Mr. Rogers 22.10.37
Mr. Gent 22.
Mr. Cade 23.10.
Mr. Duncan 23.10.37 & see minute H.D.
Mr. Cowell 23.
Sir H.Moore at once 23.10.
53838/15/37
CYPHER TELEGRAM from the Secretary of State for the Colonies
to the Officer Administering the Government of Hong Kong.
Sent 9.30 p.m., 23rd October, 1937.
625
No. 217.
Your telegram No.223. I am advised that matter should be dealt with on peacetime basis since no formal state of war is held to exist. That being so, your powers are contained in Air Navigation Order of 1927, under which there is power to compel aircraft making unauthorised flight over Colony to land and to punish pilot or other person responsible for flight unless failure to comply with Order is due to force majeure. There is apparently no power to intern aircraft itself but a combination of Articles 11 and 19(ii) would appear to give certain powers of detention. Whether or not pilot is detained permission to fly aircraft away could be refused and any attempts to do so would then constitute a fresh offence under the Order. Removal of aircraft by other means than by air is not apparently, under peacetime conditions, preventable.
You should refuse any applications for permission to fly over Colony or its waters in respect of Chinese and Japanese military aircraft. Aircraft attempting such flight should be compelled to land and proceedings taken as provided by the Order. Aircraft should be detained temporarily, if it can be brought under Articles 11 and 19(ii), and matter reported to His Majesty's Government.
I consider that your powers under the existing Order to prohibit the flight of military aircraft over Colony and to impose penalties for entry without permission should be sufficient in
present circumstances. If additional powers later become necessary
the 1927 Order could be amended.
Copy F.O.
A..