In any further communication

this subject, please quote

No. F 7681/7681/10.

and address--

not to any person by name

but to-

..

The Under-Secretary of State,"

Foreign Office,

London, S.W.1.

Immediate.

RECEIVED

14 OCT 1937

C. O. REGY

FOREIGN OFfice.

S.W.1.

13th October, 1937.

28

(2)

to Col. Pargiter (u_c.) (9)

, вход

Sir,

I am directed by Mr. Secretary Eden to refer to Colonial

Office letter No. 53838/15/37, of the 9th October, regarding

the action to be taken by the Acting Governor of Hong Kong

in the event of Chinese or Japanese military aircraft landing

in the Colony. Mr. Eden considers that since no formal state

of war is yet held to exist, the matter should be dealt with

on a peacetime basis. A statement of the rules applicable

in the event of a state of war coming into existence is,

however, for the convenience of the Secretary of State for

the Colonies, given in paragraph 5 below.

2.

Under the Air Navigation (Colonies, Protectorates

and Mandated Territories) Order of 1927, the Hong Kong

authorities have power to compel aircraft making an

unauthorised flight over the Colony to land: further, to

sentence the pilot or other person responsible for the flight

(but not, it would appear, the remainder of the personnel of

the aircraft) to a term of imprisonment. There does not,

however, appear to be any power to intern the aircraft itself.

Moreover, if the unauthorised flight is due to force majeure

there is no power even to proceed against the pilot. Though

there appears to be no power to intern the aircraft, there is

presumably some limited right of temporary detention for the

Acting

The Under Secretary of State,

Colonial Office.

3

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