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96

Enclosure No.2.

(2+)

Enclosure No.3.

export of arms from Germany to China.

3.

The Chinese Ministry for Foreign Affairs after

the raid intervened in this matter complaining about the

action taken by this Government and endeavouring to

obtain what they described as a "settlement" of the affair.

I took the opportunity of the presence in Hong Kong of

the British Ambassador to China and his staff last

Saturday to discuss all aspects of the affair with him.

4. I append for your information a copy of a

letter written by Mr. W. H. Donald, adviser to Marshal

Cheung Kai Shek and shewn to me by Mr. T. E. Witham,

another agent of the Chinese Government in Hong Kong.

I asked Mr. Witham to convey to Mr. Donald my attitude

generally as set out in my secret telegram to you No.317

of 29th September, 1939, and with which Mr. Witham

expressed his personal concurrence. I added that any

action by David Kung to incriminate himself would leave

this administration no option but to prosecute him also

and might easily lead to a minor embarrassment between

the British and Chinese Governments, which is far from

being desirable for various reasons, some of which are

stated in Mr. Donald's letter.

5.

The Police Court proceedings in this case have

now begun and I enclose a press cutting reporting what

took place at the preliminary hearing. I shall report

the result of the case in due course.

I have the honour to be,

Sir,

Your most obedient, humble servant,

1. but kortheti

Governor.

Th

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